Suresh Bankatrao Kalkute vs The State Of Maharashtra
2023 Latest Caselaw 760 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          951 CRIMINAL REVISION APPLICATION NO.19 OF 2023
             WITH CRIMINAL APPLICATION NO.331 OF 2023
                           IN REVN/19/23

                          SURESH BANKATRAO KALKUTE
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                                     ...
              Advocate for Applicant : Mr. Kawade Shrikant G.
               APP for Respondent-State : Mr. S. B. Narwade.
                                     ...

                                 CORAM :   S. G. MEHARE, J.
                                 DATE :    20.01.2023

     PER COURT :-


     1.      Criminal Application No.331 of 2023 is not on board.

     Taken on board. Issue notice to the respondent, returnable on

     02.03.2023. Learned APP waives service of notice for the

     respondent-State.


     2.       Learned counsel for the applicant would submit that the

     applicant was held guilty in RCC.No.762 of 2009 decided by

     learned Chief Judicial Magistrate, Beed on 23.11.2022.

     Learned Additional Sessions Judge, Beed in Criminal Appeal

     No.24 of 2015 has confirmed the said judgment and order by

     order dated 23.11.2022.         He was absent on the date of

     pronouncement of the judgment in appeal. Therefore, he was




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     directed to surrender within 10 days. However, there was a

     communication gap. Hence, the applicant could not surrender.

     Thereafter, the warrant was issued. Hence, he was arrested. It

     has also been argued that the applicant has good case on merit.

     The evidence has not been properly appreciated. There are no

     antecedents to his discredit. He never misused the bail granted

     to him. He has roots in his village. Therefore, he may not

     abscond.


     3.      Learned APP opposed the application contending that

     there are two concurrent judgments against the applicant.

     Therefore, he has no case for suspension of sentence.


     4.      Perused the papers. There appears some grounds to

     argue for the applicant. There are no complaints of misuse of

     the bail during the pendency of the trial as well as the appeal.

     The applicant is languishing in jail since 11.01.2023. In the

     above circumstances, the applicant has good case for

     suspension of sentence. Hence, the following order :

                                     ORDER

(i) The execution and implementation of the sentence to suffer Rigorous Imprisonment for one year each for the offences punishable under Section 452, 332, 353, 354 and 504 of the IPC and fine of Rs.500/- by the learned Additional Sessions Judge,

3 951-Cri.Rev.Appln.19-23+1.odt

Beed in Criminal Appeal No.24 of 2015 dated 23.11.2022 is suspended till the conclusion of this Criminal Revision Application. 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.

(iii) Bail before the learned Additional Sessions Judge,

Beed.

(iv) Stand over to 02.03.2023.

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

vmk/-