Arun Prakash Kale vs The State Of Maharashtra
2023 Latest Caselaw 465 Bom

                                   1           1010-Cri.Rev.Appln.13-23.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          1010 CRIMINAL REVISION APPLICATION NO.13 OF 2023
                WITH APPLN/207/2023 IN REVN/13/2023

                              ARUN PRAKASH KALE
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                                      ...
               Advocate for Applicant : Mr. Mane Dhananjay A.
                 APP for Respondent-State : Mr. K. S. Patil.
                                      ...

                                 CORAM :   S. G. MEHARE, J.
                                 DATE :    12.01.2023

     PER COURT :-


     1.       In Criminal Revision Application No.13 of 2023, issue

     notice to the respondent, returnable on 10.02.2023.

     2.       Learned APP waives service of notice for respondent-

     State.


     In Criminal Application No.207 of 2023.


     3.       The applicant has been convicted of the offences

     punishable under Sections 279, 304-A, 338, 337 and sentenced

     to suffer simple imprisonment for various offences. The

     maximum sentence of one year was imposed for the offence

     punishable under Section 304-A of the IPC. The judgment and




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                                  2             1010-Cri.Rev.Appln.13-23.odt

     order of conviction of the learned Judicial Magistrate First

     Class, Sailu. The learned Sessions Judge upheld the said

     judgment in an Appeal No.75 of 2019 and order dated

     07.01.2023. Soon after the dismissal of appeal, the accused

     was taken in the custody and sent to jail to suffer the sentence.

     4.      The learned counsel for the applicant would submit that

     both the Courts did not consider the facts of the case. No

     offence as such is made out against him. The legal provision

     has not been properly evaluated. Applicant has a good case on

     merit. Hence, the substantial sentence may be suspended.

     5.      Learned APP has opposed the application. He would

     submit that there are two concurrent judgments against the

     applicant. Scope in the revision is very limited. Therefore, the

     sentence may not be suspended.

     6.      Perused the judgments and orders of the learned Trial

     Court and the learned Sessions Judge. There appears grounds

     to argue for the applicant. There are no complaint against the

     applicant that he has misused the bail granted to him during

     the pendency of the trial in appeal. In the set of facts, the




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                                      3            1010-Cri.Rev.Appln.13-23.odt

     application deserves to be allowed. Hence, the following

     order :

                                    ORDER

(i) Criminal Application is allowed.

(ii) The order sentencing the applicant for the offences punishable under Sections 279, 337, 338 and 304-A of the IPC passed by the learned Judicial Magistrate First Class, Sailu, District Parbhani in RCC No.144 of 2018 (Old SCC.No.201 of 2017) dated 16.09.2019 and confirmed by the learned Sessions Judge, Parbhani in Criminal Appeal No.75 of 2019, dated 07.01.2023 is suspended till the conclusion of the criminal revision application.

(iii) The applicant be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount.

(iv) Bail before the learned Sessions Judge, Parbhani.

(v) Call Record and Proceedings.

(S. G. MEHARE, J.) ...

vmk/-