Kishan Bhujangrao Yelakdhare vs The State Of Maharashtra
2023 Latest Caselaw 876 Bom

                                      1                       904-CrRn-238-22.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

              CRIMINAL APPLICATION NO. 2678 OF 2022
        IN CRIMINAL REVISION APPLICATION NO. 238 OF 2022

                 KISHAN BHUJANGRAO YELAKDHARE
                                VERSUS
                    THE STATE OF MAHARASHTRA
                                    ...
       Advocate for Applicant : Mr. Vijaykumar C Patil (Ashtekar)
                APP for Respondent No.1 : Mr. K. S. Patil
                                   .....

                                 CORAM : S.G. MEHARE, J.
                                 DATE : JANUARY 25,2023

PER COURT :

1.     The learned counsel for the applicant has placed on record

Vakalatnama on behalf of the applicant. He made a statement that he

has been sent to jail in execution warrant of the conviction. Now, he is

behind bar. He would further argued that the quarrel took place over

boundary dispute. Therefore, false allegations were levelled against

the applicant. The applicant has a good case on merits.                  Hence,

substantive sentence may be suspended.

2.              The learned A.P.P. has opposed the application. He would

argue that there are two concurrent findings of the Courts.             There is

no error in the impugned orders. Therefore, he is not entitled for

suspension of sentence and bail.




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3.      Perused the impugned judgments and orders.            There appears

ground for argument in the case. The applicant is seventy two years

old. The revision may take its time to conclude. Hence, this is a good

case for suspension of sentence till the conclusion of the revision.

Hence, the following order :-

                                 ORDER

(i) The application is allowed.

(ii) The execution, implementation, effect and operation of the order sentencing the accused offence punishable under Sections 354A, 323, 504 and Section 506 of the Indian Penal Code imposed by the learned Judicial Magistrate, First Class, Himayatnagar, District Nanded in Regular Criminal Case No. 78 of 2013, dated 26.09.2017 and confirmed by the learned Additional Sessions Judge, Bhokar, is suspended till the disposal of the revision application.

ii) The applicant be released on bail on executing PB and SB of Rs. 50,000/- with one solvent surety of the like amount.

iii) Bail before the learned Additional Sessions Judge, Bhokar.

( S. G. MEHARE ) JUDGE

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