Suresh Wamanrao Gaikwad vs The State Of Maharashtra
2023 Latest Caselaw 8302 Bom

2023:BHC-AUG:17221


                                                1              962-Cri.Appln.2768-23+1.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                               962 CRIMINAL APPLICATION NO.2768 OF 2023
                                IN REVN/218/2023 WITH REVN/218/2023

                                         SURESH WAMANRAO GAIKWAD
                                                   VERSUS
                                         THE STATE OF MAHARASHTRA

                                                    ...
                      Advocate for Applicant : Mr. S. R. Bagal h/f Mr. Gadegaonkar
                                               Bharat N.
                            APP for Respondent-State : Mr. S. P. Deshmukh.
                                                    ...

                                                CORAM :    S. G. MEHARE, J.
                                                DATE :     11.08.2023

                     PER COURT :-


                     1.      Heard the learned counsel for the applicant and learned

                     APP for the respondent-State.


                     2.      The applicant seeks suspension of sentence imposed

                     upon him by the learned Trial Court and confirmed by the

                     learned Appellate Court.


                     3.      Learned counsel for the applicant would submit that the

                     applicant has been convicted for a short term imprisonment.

                     He has good case on merit. Whether the offence alleged

                     against him constitute or not is to be considered. There were




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                                      2                962-Cri.Appln.2768-23+1.odt


     no antecedents against the applicant. Hence, his sentence may

     be suspended.


     4.      Learned APP has strongly opposed the application. He

     would submit that offence against the applicant was serious in

     nature.        Considering the nature of allegation, the term of

     imprisonment may not be the ground to consider the request

     for suspension of sentence.            Hence, suspension may not be

     granted.


     5.      Perused the impugned judgments and orders. There

     appears scope for hearing the criminal revision application on

     legal issues. The sentence was for a short term. Therefore, the

     discretion under Section 389 of the Cr.P.C. may be exercised in

     this case. Hence, the following order :

                                         ORDER

(i) Criminal Application is allowed.

(ii) The execution, implementation, effect and

operation of the sentence imposed upon the

applicant by the learned 2nd Adhoc Assistant

Sessions Judge, Nanded, in Sessions Case No.29 of

2014 by the judgment and order dated 30.01.2016

3 962-Cri.Appln.2768-23+1.odt

and confirmed by the learned Sessions Judge,

Nanded in Criminal Appeal No.13 of 2016, dated

13.06.2023 has been suspended till the conclusion

of the criminal revision application.

(iii) The applicant be released on bail on executing P.B.

and S.B. of Rs.50,000/- (Rupees Fifty Thousand

only) with one solvent surety of like amount.

(iv) Bail before the learned Sessions Judge, Nanded.

(v) Call Record and Proceedings.

(vi) The applicant shall be released only after

depositing the fine, if not deposited.

(vii) Stand over to 07.10.2023.

(S. G. MEHARE, J.)

...

vmk/-