Bombay High Court
Bhaskar Damduji Bhoyar vs State Of Mah. Thr. Pso Ps Warora ... on 20 January, 2023
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION APPLICATION NO. 09 OF 2023
Bhaskar S/o. Domduji Bhoyar
Vs.
State of Maharashtra through its Police Officer, Tah. Warora, Chandrapur
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms. P.D. Pisurde, Advocate for the Applicant.
Mr. A.R. Chutke, APP for the Non-applicant/State.
CORAM : G. A. SANAP, J.
DATED : 20th JANUARY, 2023.
Issue notice to the non-applicant.
2. The Learned Additional Public Prosecutor waives
service of notice on behalf of the non-applicant/State.
3. Stand over after four weeks.
CRIMINAL APPLICATION (APPR) NO. 09/2023
4. Issue notice to the non-applicant.
5. Learned Additional Public Prosecutor waives service
of notice on behalf of the non-applicant. Learned Additional
Public Prosecutor submits that he will argue the application
without filing the reply.
6. Heard learned advocate for the applicant and the
learned Additional Public Prosecutor for the
non-applicant/State.
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7. This application has been made for suspension of
substantive sentence of one month's simple imprisonment for
commission of offence under Section 509 of the Code of
Criminal Procedure, 1973.
8. This applicant was convicted by the learned Judicial
Magistrate First Class, Warora vide order dated 16th February,
2015 for the offences punishable under Sections 294 and 509
of the Indian Penal Code. For the offence under Section 294 of
IPC, he was sentenced to pay fine of Rs.1,000/- and in default
to undergo simple imprisonment for 10 days. For the offence
under Section 509, he was sentenced to suffer rigorous
imprisonment for one month and pay fine of Rs.500/- and in
default of payment of fine further undergo 5 days simple
imprisonment. In the statutory appeal preferred against this
order of conviction and sentence, the conviction under Section
294 was set aside, whereas the conviction and sentence under
Section 509 of the IPC was maintained. Against this order of
the learned Appellate Court, this revision has been filed.
9. It is submitted that in view of the grounds of
challenge to the impugned judgment as set out in the revision,
the applicant has a good case on merit. It is further pointed out
that the applicant is present before the Court. He is earning the
livelihood by doing labour work. It is submitted that therefore
during the pendency of the revision application, the substantive
sentence may be suspended.
10. Considering the facts and the nature of the order, in
my view, it would be just and proper to suspend the substantive
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sentence.
11. The application is allowed.
12. The sentence awarded by the learned Magistrate
Warora under Section 509 of the IPC and confirmed by the
learned Additional Sessions Judge, Warora by the impugned
order, shall remain suspended during the pendency of the
revision application.
13. Applicant-Bhaskar s/o. Damduji Bhoyar be released
on bail on his furnishing PR bond in the sum of Rs.15,000/-
with one surety in the like amount.
14. The bail shall be furnished before the learned
Additional Sessions Judge, Warora to the satisfaction of the
learned Judge.
15. The applicant shall deposit the fine amount before
the learned Additional Sessions Judge. He shall appear before
the learned Additional Sessions Judge on 24th January, 2023.
16. The application stands disposed of
(G. A. SANAP, J.)
Vijay
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:20.01.2023 17:23
