Balaji Vithal Kolhewad vs The State Of Maharashtra
2023 Latest Caselaw 108 Bom

                                    1                           963-CrAn-41-23.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                     CRIMINAL APPLICATION NO.41 OF 2023
                            IN REVNST/65/2023

                       BALAJI VITHAL KOLHEWAD
                                VERSUS
                     THE STATE OF MAHARASHTRA
                                    ...
          Advocate for Applicant : Mr. Shivaji Bhimrao Bhapkar
                                  Mr. Pravin B Rakhunde
                APP for Respondent : Mr. S. B. Narwade
                                    ...

                                        CORAM :        S. G. MEHARE, J.

                                        DATE       : 04-01-2023

PER COURT :-

1. Heard learned counsel for the applicant.

2. Issue notice to the respondent.

3. Learned A.P.P. waives service of notice for respondent/State.

4. Learned counsel for the applicant submits that the applicant

has been convicted for the offence punishable under Section 85(1)

of the Bombay Prohibition Act, 1949 and sentenced to suffer

rigorous imprisonment for one month and fine of Rs.1000/-. The

fine amount has been deposited. The appeal preferred by the

applicant has also been dismissed and judgment and order of

sentence has been confirmed. The applicant has been languishing

in jail since 21.12.2022. He further argued that the applicant has

a good case on merit. There are arguable points. Hence, sentence

may be suspended.

2 963-CrAn-41-23.odt

5. The learned A.P.P. opposed the application and argued that

two concurrent judgments are well reasoned. There are no grounds

to interfere with the same.

6. Perused the impugned orders. The applicant appears to

have grounds to argue the matter. Hence, the sentence is liable to

be suspended till the decision of the revision. Hence, the following

order :-

i)      The application is allowed.

ii)     The sentence to suffer rigorous imprisonment for one month

passed by the learned Judicial Magistrate First Class, Umri, in

S.C.C.135 of 2015, dated 16.10.2018 and confirmed by the

learned Additional Sessions Judge, Bhokar, in Criminal Appeal

No.14 of 2018, by his judgment and order dated 22.08.2022,

is suspended till the disposal of the revision.

iii) The applicant be released on bail, on furnishing PB and SB of

Rs.50,000/-, with one solvent surety of like amount.

iv)     Bail before the appellate Court.



                                           ( S. G. MEHARE )
                                                  JUDGE

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