Bombay High Court
Tushar @ Tukaram Ramling ... vs The State Of Maharashtra on 18 August, 2023
Bench: S. G. Mehare
2023:BHC-AUG:17580
1 2-Cri.Appln.3063-23+1.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
2 CRIMINAL APPLICATION NO.3063 OF 2023
IN REVN/238/2023 WITH REVN/238/2023
TUSHAR @ TUKARAM RAMLING KSHIRSAGAR
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Pande Balraj Prakash.
APP for Respondent-State : Mr. S. B. Narwade.
...
CORAM : S. G. MEHARE, J.
DATE : 18.08.2023
PER COURT :-
1. Issue notice to the respondent. Learned APP waives
service of notice for the respondent-State.
2. Call Record and Proceedings.
3. The applicant seeks suspension of sentence imposed
upon him by the learned Judicial Magistrate First Class, Court
No.15, Aurangabad by her judgment and order passed in
RCC.No.941 of 2014, dated 13.01.2020, to suffer R.I. for one
year for the offence punishable under Section 354(D) of the
IPC and R.I. for 15 days for the offence punishable under
Section 341 of the IPC and confirmed by the learned
Additional Sessions Judge, Aurangabad in Criminal Appeal
No.12 of 2020, dated 10.08.2023.
::: Uploaded on - 18/08/2023 ::: Downloaded on - 19/08/2023 10:23:17 :::
2 2-Cri.Appln.3063-23+1.odt
4. Learned counsel for the applicant would submit that it is
a short term sentence. The applicant has legal points to argue.
Section 354(D) of the IPC has been misinterpreted. After
dismissal of the appeal, he has been taken into custody. The
applicant has no bad past. Hence, the sentence may be
suspended.
5. Learned APP submits that there are two concurrent
judgments against the applicant holding him guilty for the
offences, for which, he has been sentenced to suffer
imprisonment. There are no legal grounds to argue. It was an
offence against a woman. Hence, criminal application may not
be allowed.
6. Perused the impugned judgments and orders. The
normal rule for suspending the sentence is to suspend the
sentence, if there are no exceptional circumstances. It is a short
term sentence of one year and 15 days. The applicant appears
to have the grounds to argue in the revision. Therefore, he
deserves suspension of sentence. Hence, the following order :
ORDER
(i) Criminal Application is allowed.
3 2-Cri.Appln.3063-23+1.odt
(ii) The execution, implementation, effect and
operation of the sentence to suffer R.I. for one
year for the offence punishable under Section
354(D) of the IPC and R.I. for 15 days for the
offence punishable under Section 341 of the IPC
imposed upon the applicant in R.C.C.No.941 of
2014 by the learned Judicial Magistrate First
Class, Court No.15, Aurangabad by her judgment
and order dated 13.01.2020 and confirmed by the
learned Additional Sessions Judge, Aurangabad in
Criminal Appeal No.12 of 2020, dated 10.08.2023
has been suspended till conclusion of the revision.
(iii) 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 Additional Sessions Judge,
Aurangabad.
(v) Stand over to 06.10.2023.
(S. G. MEHARE, J.)
...
vmk/-
