Bombay High Court
Raghudas Mahadji Katkar vs The State Of Maharashtra And ... on 8 August, 2023
Bench: S. G. Mehare
2023:BHC-AUG:16906
1 940-appln-2930-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2930 OF 2023
IN REVN/228/2023 WITH REVN/228/2023
RAGHUDAS MAHADJI KATKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicant : Mr. Omprakash V. Waghmare h/f Mr.
Rupesh Anil Jaiswal
APP for Respondent/State : Mr. S.P. Deshmukh
...
CORAM : S. G. MEHARE, J.
DATED : AUGUST 08, 2023
PER COURT :-
1. Heard learned counsel for the applicant and learned
APP for the State.
2. The applicant seeks suspension of sentence imposed
upon him for the offence punishable under Section 420 of the Indian
Penal Code. The trial Court had awarded him a sentence to suffer
R.I. for one year. However, the First Appellate Court reduced the
imprisonment term to three months. The fine amount has been
deposited.
3. Learned counsel for the applicant would submit that the
applicant is now seventy seven. He would further argue that the
offence under Section 420 of the Indian Penal Code was not made
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2 940-appln-2930-2023.odt
out. The defence of the applicant has not been correctly
appreciated. He has a good case on merit. Otherwise also, it is a
short term imprisonment. Hence, the sentence may be suspended.
4. Per contra, learned APP for the State would submit that
there are two concurrent judgments against the applicant. He had
cheated the first informant. There are no grounds to argue before
the Court in revision. Hence, his sentence may not be suspended.
5. Perused the facts of the case from the impugned
judgments and orders. There appears some grounds to argue before
this Court. It is a short term conviction of three months. The
applicant is running seventy seven. Hence, the following order :
ORDER
(i) The application is allowed.
(ii) The execution, implementation, effect and operation of the
impugned judgment and order passed by the learned Additional
Sessions Judge, Aurangabad in Criminal Appeal No.110 of 2013
dated 05.08.2023 to suffer R.I. for three months, has been
suspended till the conclusion of the criminal revision.
(iii) The applicant shall be released on bail on executing P.B. and
S.B. of Rs.50,000/- with one solvent surety of the like amount.
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(iv) Bail before the learned Additional Sessions Judge,
Aurangabad.
(v) Issue notice to the State. Learned APP waives service of notice
for the State.
(vi) Call record and proceedings.
(vii) List the criminal revision application on 20.09.2023.
(S. G. MEHARE, J.)
Mujaheed/-
