Mahesh Ambadas Dalimbkar vs The State Of Maharashtra Through ...
2023 Latest Caselaw 1168 Bom

                                            1                            953-CrAn-520-23.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

               CRIMINAL APPLICATION NO. 520 OF 2023 IN
             CRIMINAL REVISION APPLICATION NO.29 OF 2023

                    MAHESH AMBADAS DALIMBKAR
                                 VERSUS
                     THE STATE OF MAHARASHTRA
                                    ...
             Advocate for Applicant : Mr. Santosh S. Jadhavar
                APP for Respondent : Mr. S. P. Sonpawale

                                                CORAM :        S. G. MEHARE, J.

                                                DATE       : 03-02-2023
PER COURT :-

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondent, returnable on 08.03.2023.

3. The learned A.P.P. waives service of notice for

respondent/State.

4. The applicant was convicted by the learned Judicial

Magistrate First Class, Shevgaon, in RCC No.225 of 2015, for the

offence punishable under Section 354 of the Indian Penal Code and

sentenced to suffer rigorous imprisonment for one year and under

Section 506 of the I.P.C. sentenced to suffer rigorous imprisonment

for three months. The applicant had challenged judgment and

order of the learned Judicial Magistrate before the learned

Additional Sessions Judge, Ahmednagar, in Criminal Appeal No.188

of 2018.

5. The learned counsel for the applicant would submit that on

the day of the judgment, the learned Additional Sessions Judge,

2 953-CrAn-520-23.odt

Ahmednagar, took the applicant in custody. The applicant has

good case on merit. There is error of law in not appreciating

evidence in proper prospective. The applicant never misused bail

granted to him during the trial as well as during pendency of the

appeal. Hence, sentence may be suspended.

6. The learned A.P.P. opposed the application. He would argue

that there are no grounds to argue for the applicant. The evidence

has been properly appreciated. The offence is against a woman.

Hence, the sentence may not be suspended.

7. Perused both the judgments and orders. The applicant

appears to have ground to contest in the revision application.

There was no report of misusing the liberty granted to him during

the trial as well as in appeal. The sentence is liable to be

suspended till the decision of the revision. Hence, the order :-

i)      The application is allowed.
ii)     The execution of sentence imposed against the applicant by

the learned Judicial Magistrate First Class, Shevgaon, in RCC No.225 of 2015, dated 27.07.2018 and confirmed by the learned Additional Sessions Judge, Ahmednagar, in Criminal Appeal No.188 of 2018, dated 31.01.2023, is suspended till disposal of the revision.

iii) The applicant be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount.

iv)     Bail before the appellate Court.



                                           ( S. G. MEHARE, J. )
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