Amin S/O. Rukmoddin Tamboli vs The State Of Maharashtra And ...
2023 Latest Caselaw 1352 Bom

                                                               966-appln-568-2023.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.568 OF 2023
                              IN REVN/33/2023

                    AMIN S/O. RUKMODDIN TAMBOLI
                                  VERSUS
              THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
             Advocate for Applicant : Mr. Ashtekar Raviprasad K.
               APP for Respondent/State : Mr. S.P. Deshmukh
                                      ...
                                      CORAM : S.G. MEHARE, J.

                                      DATED : FEBRUARY 08, 2023

 PER COURT:-

 1.               Learned counsel for the applicant would submit that the

 evidence has not been properly appreciated. There are many errors of

 law in the impugned judgment and order. The applicant has a good

 case on merit. Therefore, the sentence may be suspended.

 2.               Learned APP opposed the application. He would submit

 that there are no errors of law on the face of record. The applicant

 does not deserve suspension of sentence.

 3.               Perused the impugned judgments and orders.                   The

 applicant has been convicted for the offence punishable under Section

 354 of the Indian Penal Code.         Considering the arguments, there

 appears he has good ground to argue in the revision. Hence, the

 following order:




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                                                                            966-appln-568-2023.odt
                                               (2)


                                         ORDER

(i) The execution of the sentence imposed by the learned

Judicial Magistrate First Class, Latur in SCC No.1701 of

2016 dated 23.01.2020 and confirmed by the learned

Sessions Judge, Latur in Criminal Appeal No.07 of 2020

dated 20.01.2023 is suspended till the conclusion of

the revision.

(ii) 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.

(iii) Bail before the learned First Appellate Court.

(iv) Issue notice to the respondents, returnable on

10.03.2023. Learned APP waives service of notice for

the respondents.

(v) Call Record and Proceedings.

(S.G. MEHARE, J.)

Mujaheed//