Santosh Dnyaneshwar Adayake vs Sunanda Santosh Adayake
2023 Latest Caselaw 3960 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR

            CRIMINAL REVISION APPLICATION NO. 81 OF 2023
                                 Santosh Dnyaneshwar Adayake
                                              Vs.
                                 Sau. Sunanda Santosh Adayake
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Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Mr. Deepak S. Khushlani, Advocate for the Applicant.

                                     CORAM : G. A. SANAP, J.

DATED : 20th APRIL, 2023.

Heard learned advocate for the applicant.

2. Issue notice to the non-applicant, returnable after three weeks.

3. In-charge of the concerned Police Station shall ensure the service of notice to the non-applicant.

CRIMINAL APPLICATION (APPR) NO. 116 OF 2023

4. Heard learned advocate for the applicant.

5. Issue notice to the non-applicant.

6. In-charge of the concerned Police Station shall ensure the service of notice to the non-applicant within three weeks.

7. This application has been made for suspension of substantive sentence awarded by the learned Judicial Magistrate

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First Class, Amravati and confirmed in appeal by the learned Additional Sessions Judge-1, Amravati. The applicant was accused No.1 in the criminal complaint filed against him. He was convicted by the learned Judicial Magistrate First Class, Amravati for the offence punishable under Section 406 of the Indian Penal Code, 1860 and sentenced to suffer simple imprisonment for six months. The appeal filed by him against this judgment and order came to be dismissed on 2 nd December, 2022. The learned Additional Sessions Judge-1, Amravati confirmed the order of conviction and sentence against the applicant.

8. It is stated that the applicant has good case on merits. The revision application may take its own time for final adjudication. It is submitted that till the decision of the application for suspension of sentence finally, the substantive sentence may be suspended.

9. In the facts and circumstances, till the next date, the substantive sentence awarded by learned Judicial Magistrate First Class, Amravati, vide judgment and order dated 10th September, 2019 in Summary Criminal Case No.690/2015, shall remain suspended.

10. The applicant-Santosh Dnyaneshwar Adayake be released on bail on his furnishing PR bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

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11. Bail be furnished before the Trial Court and to the satisfaction of the Trial Court.

12. Stand over after three weeks.

(G. A. SANAP, J.) Vijay