Vikki Dasharath Gaikwad vs The State Of Maharashtra ...
2023 Latest Caselaw 1918 Bom

                                                     1                                        2-revn-47-23.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   NAGPUR BENCH, NAGPUR.

                         CRIMINAL REVISION APPLICATION NO. 47 OF 2023
                                             Vikki Dashrath Gaikwad
                                                            Vs.
                   State of Maharashtra through PSO, PS, Gadgenagar, Amravati
             ------------------------------------------------------------------------------------------------
             Office Notes, Office Memoranda of                                Court's or Judge's Order
             Coram, appearances, Court's Orders
             or directions and Registrar's order
             ----------------------------------------------------------------------------------------------------
                            Mr. R. J. Shinde, Advocate for applicant.
                            Mr. Amit Chutke, APP for non-applicant/State.


                                       CORAM :-          G. A. SANAP, J.

DATED :- 27.02.2023

Issue notice to the non-applicant.

2. The learned APP waives service of notice on behalf of the non-applicant/State.

3. The learned Advocate for the applicant shall file paper-book having depositions and exhibited documents within four weeks from today.

CRIMINAL APPLICATION (APPR) (ST) NO. 1781/2023

4. Issue notice to the non-applicants.

5. The learned APP waives service of notice on behalf of non-applicant/State.

6. The learned APP submits that he is ready to argue the matter without final hearing.

RR Jaiswal
                               2                            2-revn-47-23.odt

7. Heard learned Advocate for the applicant and learned APP for non-applicant/State.

8. This is an application for suspension of substantive sentence. The conviction and sentence for three months each under Sections 279 and 337 of the Indian Penal Code was confirmed in Appeal by learned Additional Sessions Judge, Amravati by order dated 19.01.2023. The applicant was convicted on both these counts by the learned Judicial Magistrate First Class (JMFC), Amravati.

9. The learned Advocate for the applicant submits that fine amount of Rs. 5000/- (Rs. Five Thousand) has been deposited by the applicant. It is seen that the applicant was directed by learned Additional Sessions Judge, Amravati to surrender before the learned JMFC, Amravati. The learned Advocate for the applicant submits that the applicant has not so far surrendered. The learned Advocate submits that the applicant has a good case on merit. He took me through the grounds of challenge to the impugned judgment and order.

10. The learned APP for the State submits that subject to appropriate conditions, the Court may suspend the substantive sentence.

11. Accordingly, the application is allowed.

12. The substantive sentence on both counts shall remain suspended during the pendency of the Revision. The applicant be released on bail on he furnishing a P. R.

RR Jaiswal
                                          3                            2-revn-47-23.odt

bond of Rs. 15,000/- (Rs. Fifteen Thousand) and one surety in the like amount.

13. The bail be furnished before the Trial Court, to the satisfaction of the Trial Court.

(G. A. SANAP, J.)

Digitally signed by JAISWAL JAISWAL RAJNESH RAJNESH RAMESH Date:

RAMESH    2023.02.27
          17:32:10
          +0530



  RR Jaiswal