Jaspalsingh Alias Gabbarsingh ... vs The State Of Maharashtra
2023 Latest Caselaw 3495 Bom

                                    1                          62-CrAn-1421-23.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


                   CRIMINAL APPLICATION NO.1421 OF 2023
                             IN REVN/120/2023

            JASPALSINGH ALIAS GABBARSINGH ALIAS
               GABBU BALWANTSINGH LAKHWALE
                              VERSUS
                  THE STATE OF MAHARASHTRA
                                  ...
Advocate for Applicant : Mr. S. S. Jadhav h/f. Mr. Mahesh K. Bhosale
                         and Mr. Granthi Manpreet Ajeet Singh
             APP for Respondent : Mr. S. P. Deshmukh
                                  ...


                                        CORAM :        S. G. MEHARE, J.

                                        DATE       : 10-04-2023

PER COURT :-

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondent. The learned A.P.P. waives

service of notice for the respondent/State.

3. It appears that there are good grounds for consideration in

the revision application. Hence, discretion under Section 389 of

the Code of Criminal Procedure can be exercised in favour of the

applicant. Hence, the order :-

i)      Application is allowed.





                                         2                         62-CrAn-1421-23.odt



ii)     The execution of sentence to suffer simple Imprisonment for

one year for the offence punishable under Section 377 of the

Indian Penal Code by the learned Judicial Magistrate First

Class, Court No.9, Nanded in RCC No. 950 of 2003 dated

22.03.2013 and confirmed by the learned Session Judge,

Nanded, in Criminal Appeal No.48 of 2013 by its judgment

and order dated 31.03.2023, stands suspended till the

conclusion of the revision application.

iii) Applicant Jaspalsingh Alias Gabbarsingh Alias Gabbu

Balwantsingh Lakhwale be released on bail on executing P.B.

and S.B. of Rs.50,000/- with one solvent surety in the like

amount.

iv) Bail before the learned Sessions Judge, Nanded.

( S. G. MEHARE ) JUDGE

rrd