Bombay High Court
Krishna S/O Tulshiram Satpute vs State Of Mah. Thr. Pso Ps Bhisi Tah. ... on 21 February, 2023
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 39 OF 2023
KRISHNA S/o TULSHIRAM SATPUTE
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., BHISI, TAH. CHIMUR, DIST. CHANDRAPUR
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Bhupesh W. Patil, Advocate for the applicant.
Mr. H. D. Dubey, A. P. P. for non-applicant/State
CORAM : G. A. SANAP, J.
DATE : FEBRUARY 21, 2023.
1. Heard Mr. Bhupesh Patil, learned advocate for the
applicant.
2. Issue notice to the non-applicant/State, returnable
within six weeks.
3. Mr. H. D. Dubey, learned Additional Public
Prosecutor waives service of notice on behalf of non-
applicant/State.
4. Learned advocate for the applicant shall file private
paper book within six weeks.
Criminal Application (APPR) No. 46 of 2023
1. Heard Mr. Bhupesh Patil, learned advocate for the
applicant.
2. Issue notice to the non-applicant/State.
3. Mr. H. D. Dubey, learned Additional Public
Prosecutor waives service of notice on behalf of non-
applicant/State. He submits that he is ready to argue the
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application without filing reply.
4. This application has been made for suspension of
substantive sentence awarded by learned Judicial
Magistrate, First Class, Chimur on 05.03.2018 in Regular
Criminal Case No. 60/2016 and confirmed by learned
Additional Sessions Judge, Warora by judgment and order
dated 09.01.2023 in Criminal Appeal No. 14/2018.
5. The applicant was convicted by the learned
Magistrate for the offence punishable under Section 325 of
the Indian Penal Code and sentenced to suffer
imprisonment for six months and to pay fine of Rs.3,500/-
and in default of payment of fine to undergo further
rigorous imprisonment for one month.
6. The appeal filed against this judgment and order of
conviction and sentence was dismissed by the learned
Additional Sessions Judge, Warora.
7. In this application, it is stated that the learned
Additional Sessions Judge, considering the fact that the
applicant is 76 years old and suffering from old age
ailments, in stead of taking him in custody, directed him to
surrender before the learned Magistrate on 13.02.2023.
Learned advocate submits that in the meantime, the
applicant has filed this application with the prayer for
suspension of sentence.
8. The grounds of challenge to the impugned judgment
and order have been set out in the revision application. The
matter would be required to be heard on merits. The
substantive sentence is six months imprisonment. The
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record reveals that the applicant has deposited the fine
amount.
9. In my view, considering the nature of material on
record and the age of the applicant, it would just and proper
to allow this application.
10. Accordingly, the criminal application is allowed.
i] The substantive sentence awarded by the learned
Judicial Magistrate, First Class, Chimur on 05.03.2018 in
Regular Criminal Case No. 60/2016 for the offence
punishable under Section 325 of the IPC and confirmed by
learned Additional Sessions Judge, Warora by judgment and
order dated 09.01.2023 in Criminal Appeal No. 14/2018,
shall remain suspended during pendency of the revision
application.
ii] Applicant - Krishna S/o Tulshiram Satpute be
released on bail on his furnishing PR bond in the sum of
Rs.15,000/- with one surety of the like amount.
iii] Bail be submitted before the learned Judicial
Magistrate, First Class, Chimur.
11. APPR No. 46/2023 stands disposed of.
JUDGE
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:21.02.2023
18:00
