Bombay High Court
Krishna Sadashiv Golambe vs The State Of Maharashtra Pso Ps ... on 10 July, 2023
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 54 OF 2023
KRISHNA S/o SADASHIV GOLAMBE
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., WALGAON, DIST. AMRAVATI
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. S. B. Gandhe, Advocate for the applicant.
Mrs. Mayuri H. Deshmukh, A. P. P. for non-applicant/State.
CORAM : G. A. SANAP, J.
DATE : JULY 10, 2023.
1. Heard Mr. S. B. Gandhe, learned advocate for the
applicant.
2. ADMIT.
3. Learned Additional Public Prosecutor waives service
of notice of final hearing on behalf of the State.
4. Call for the record and proceedings
Criminal Application (APPR) No. 73/2023
1. Heard Mr. S. B. Gandhe, learned advocate for the
applicant.
2. This is an application for suspension of substantive
sentence and for grant of bail.
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3. The applicant is convicted for the offence punishable
under Section 324 of the Indian Penal Code and sentenced
to suffer rigorous imprisonment for two years. The appeal
filed against the conviction and sentence was dismissed on
17/01/2023. Learned Additional Sessions Judge, on the
date of judgment, had suspended the substantive sentence.
4. Learned advocate for the applicant submits that he
has good case on merits. Learned advocate submits that the
applicant has deposited the fine amount. Learned advocate
submits that the applicant was on bail during pendency of
the trial as well as appeal and he has not misused the liberty
granted to him. Learned advocate submits that on the date
of the judgment, on an application made by the applicant,
learned Additional Sessions Judge suspended the sentence.
5. Learned APP submits that considering the quaantum
of sentence and that the applicant was on bail during
pendency of the trial, the Court may pass an appropriate
order.
6. It is to be noted that the grounds of challenge to the
impugned judgment and order have been set out in the
revision application. The Revision application will have to
be heard on merits.
7. Accordingly, the application is allowed.
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8. The substantive sentence awarded by learned Judicial
Magistrate, First Class, Court No.9, Amravati on
29.03.2019 and confirmed in appeal by learned Additional
Sessions Judge-1, Amravati on 17.01.2023, shall remain
suspended during pendency of the revision applicatio.
9. Applicant - Krishna S/o Sadashiv Golambe be
released on bail on his furnishing PR bond of Rs.15,000/-
with one surety of the like amount. Bail to be furnished
before the trial Court.
10. APPR no. 73/2023 stands disposed of.
JUDGE
Diwale
