Bombay High Court
Rama Popat Sathe (Rama Vajarang ... vs State Of Mah. Thr. Pso Ps Sindhi ... on 21 April, 2023
Bench: G. A. Sanap
1 11.reven.86.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION (REVN) NO. 86 OF 2023
Rama Popat Sathe .VS. State of Maharashtra
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr Haque Mohd Inamul, Advocate for the applicant
Mr M. H. Deshmukh, APP for the State
CORAM : G.A. SANAP, J.
DATE : APRIL 21, 2023.
Heard.
2. Issue notice to the non-applicant, returnable within
four weeks.
3. Learned APP waives service of notice on behalf of
non-applicant/State.
CRIMINAL APPLICATION (APPR) NO. 124 OF 2023
4. Heard.
5. Issue notice to the non-applicant, returnable within
four weeks.
6. Learned APP waives service of notice on behalf of
non-applicant/State.
7. This is an application for suspension of sentence.
2 11.reven.86.2023
The applicant was convicted vide judgment and order dated
27.08.2019 by the learned Judicial Magistrate First Class,
Tah. Seloo, Distt. Wardha for the offence punishable under
Section 471 of the Indian Penal Code and sentenced to
suffer rigorous imprisonment for two years and to pay a fine
amount of Rs.10,000/- and in default to suffer rigorous
imprisonment for 2 months. In the appeal, filed against this
order the learned Additional Sessions Judge, Wardha by
judgment and order dated 11.04.2023 confirmed this order
of conviction and modified the substantive sentence from
two years rigorous imprisonment to three months rigorous
imprisonment. The order with regard to the fine amount of
Rs.10,000/- has been confirmed.
8. In this application made for suspension of substantive
sentence it is stated that accused was taken into custody on
11.04.2023. The learned Advocate for the applicant submits
that fine amount has been deposited by the applicant. The
learned Advocate submits that the applicant has good case
on merits.
9. The learned Additional Public Prosecutor submits
that considering the facts and circumstances, appropriate
order may be passed.
10. In the revision application, various grounds have
3 11.reven.86.2023
been set out. The revision application, in view of the factual
position, would be required to be heard on merits. The
hearing of the revision may take its own time. The applicant
has already deposited the fine amount. On going through
the record and proceedings and particularly the quantum of
the substantive sentence, in my view, it would be in the
interest of the justice to suspend the substantive sentence.
11. Accordingly, the application is allowed.
12. It is ordered that the substantive sentence passed by
the learned Additional Sessions Judge, Wardha vide order
dated 11.04.2023, shall remain stayed during the pendency
of this revision application.
13. Applicant - Rama Popat Sathe be released on bail on
his furnishing PR bond in the sum of Rs.15,000/- with one
surety in the like amount.
14. The bail shall be furnished before the learned
Additional Sessions Judge, Wardha to the satisfaction of the
learned Judge.
15. The application stands disposed of.
(G. A. SANAP, J.)
Namrata
