Shesherao S/O Damodhar Wadate vs The State Of Maharashtra
2023 Latest Caselaw 1559 Bom

                                                               957-appln-674-2023.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.674 OF 2023
                             IN REVN/44/2023

                   SHESHERAO S/O DAMODHAR WADATE
                                    VERSUS
                        THE STATE OF MAHARASHTRA
                                       ...
                 Advocate for Applicant : Mr. Dhananjay A Naik
                 APP for Respondent/State : Mr. S.P. Sonpawale
                                       ...
                                      CORAM : S.G. MEHARE, J.

                                      DATED : FEBRUARY 15, 2023

 PER COURT:-

 1.               The applicant has been convicted for the offence

 punishable under Section 279, 304-A, 337 and 338 of the Indian

 Penal Code by the learned Judicial Magistrate First Class, Patoda.

 However, the learned Sessions Judge acquitted the applicant for the

 offence punishable under Section 338 of the Indian Penal Code and

 confirmed the remaining sentence imposed by the learned Magistrate.

 2.               Learned counsel for the applicant would submit that the

 learned Sessions Judge took the applicant in custody and sent him to

 jail under conviction warrant.       The applicant has a good case on

 merit. The material legal aspects have not been considered. The

 applicant never misused the liberty granted to him by way of bail

 during trial and the appeal. Hence, the sentence may be suspended

 till disposal of the revision.




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                                                                  957-appln-674-2023.odt
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 3.                Learned APP has strongly opposed the application. He

 would submit that the law has been correctly applied. The applicant

 has no ground to argue before this Court in the revision. Hence,

 sentence may not be suspended.

 4.                Perused the impugned judgments and orders.                 There

 appears ground available to the applicant to argue in revision. Hence,

 the corporal sentence is liable to be suspended.                Therefore, the

 following order :

                                     ORDER

(i) Criminal Application is allowed.

(ii) The implementation and execution of the sentence

imposed by the learned Judicial Magistrate First Class, Patoda

in SCC No.107 of 2010 convicting the accused for the offence

punishable under Section 279, 304-A, 337 of the Indian Penal

Code and confirmed by the learned Sessions Judge, Beed in

Criminal Appeal No.66 of 2018, is suspended till 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 Sessions Judge, Beed.

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

the respondent-State.

957-appln-674-2023.odt

(vi) Call Record and Proceedings.

(viii) List the criminal revision application on 12.04.2023.

(S.G. MEHARE, J.)

Mujaheed//