Ramesh Chaukaji Bhadarge vs The State Of Maharashtra
2023 Latest Caselaw 1405 Bom

                                                               922-appln-592-2023.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.592 OF 2023
                             IN REVN/35/2023

                       RAMESH CHAUKAJI BHADARGE
                                   VERSUS
                       THE STATE OF MAHARASHTRA
                                      ...
                 Advocate for Applicant : Mr. Siddiqui Sohel E
                 APP for Respondent/State : Mr. S.P. Sonpawale
                                      ...
                                      CORAM : S.G. MEHARE, J.

                                      DATED : FEBRUARY 09, 2023

 PER COURT:-

 1.               The learned Judicial Magistrate First Class, Partur

 convicted the applicant for the offence punishable under Section 354

 of the Indian Penal Code. The learned Ad-hoc District Judge-1 and

 Additional Sessions Judge, Jalna dismissed the appeal preferred by

 the applicant and confirmed the conviction.

 2.               Learned counsel for the applicant would submit that the

 defence of the applicant has not been properly appreciated. He has

 good chances of success in the petition. Since the learned Ad-hoc

 District Judge-1 took the applicant in custody, he is behind the bar.

 Hence, his sentence may be suspended.

 3.               Learned APP opposed the application. He would argue

 that the applicant has very little scope for interference against two




::: Uploaded on - 09/02/2023                   ::: Downloaded on - 11/02/2023 02:40:08 :::
                                                                  922-appln-592-2023.odt
                                        (2)


 concurrent judgments. The learned Courts have correctly believed the

 victim. Therefore, he has no case for suspension of sentence.

 4.               Perused the judgments and orders impugned before this

 Court.        It appears that the applicant has grounds to argue the

 revision. There are no complaints of misusing the bail granted to the

 applicant during trial and the appeal. Hence, the sentence is liable to

 be suspended. Hence, the following order:

                                     ORDER

        (i)     The application is allowed.

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

Judicial Magistrate First Class, Partur to suffer SI for

one year for the offence punishable under Section 354

of the Indian Penal Code in RCC No.05 of 2013 dated

29.10.2018 and confirmed by the learned Ad-hoc

District Judge-1 and Additional Sessions Judge, Jalna

in Criminal Appeal No.100 of 2018 dated 19.01.2023,

is suspended till the conclusion of the 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.

(iv) Bail before the learned First Appellate Court.

922-appln-592-2023.odt

(v) Issue notice to the State. Learned APP waives service

of notice for the State.

(vi) List the criminal revision application on 31.03.2023.

(vii) Call Record and Proceedings.

(S.G. MEHARE, J.)

Mujaheed//