Vinod S/O Bhanudas Kasule vs The State Of Maharashtra
2023 Latest Caselaw 7223 Bom

                                         1        950- Cri. Appln. No. 1592-2023.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO.1593 OF 2023
                 IN REVN/132/2023 WITH REVN/132/2023

                       VINOD S/O BHANUDAS KASULE
                                   VERSUS
                       THE STATE OF MAHARASHTRA
                                       ...
                    Advocate for Applicant : Mr. G. B. Rajale
                     APP for Respondent: Mr. S. B. Narwade
                                      ....

                                    CORAM : S. G. MEHARE, J.

                                    DATE     : 19.07.2023

PER COURT :

       The applicant has been surrendered before the learned Judicial

Magistrate First Class Ahmednagar since he was convicted.                        The

learned counsel for the applicant would submit that the applicant has

a good case on merit. The legal aspect have been involved in the case.

The material placed on record was not appreciated in consonance with

the law and he has been incorrectly held guilty for the offences

punishable under Sections 304-A, 279 of the Indian Penal Code and

Section 134(A)(B) read with Section 177 f the Motor Vehicle Act.

Hence, he deserves suspension of the sentence.


2.     The learned A.P.P would submit there are two concurrent




::: Uploaded on - 20/07/2023                      ::: Downloaded on - 21/07/2023 05:11:31 :::
                                        2       950- Cri. Appln. No. 1592-2023.odt



findings against the applicant. No legal issues are involved. There are

also no error on the face of the record. Hence he does not deserve

suspension of the sentence.


3.     Perused the impugned judgments and orders.              The Court is

satisfied that there are ground for argument in the revision before this

Court.       The applicant has been convicted to suffer rigorous

imprisonment for six months for the offence punishable under Sections

304-A of the Indian Penal Code. Considering the facts, and the issues

raised in the revision application the Court is of the view that this is a

fit case to exercise the discretion under Section 389 of the Code of

Criminal Procedure. Hence, the order

                               ORDER

(i) The Execution, implementation and effect of the sentence

imposed upon the applicant by the learned Judicial Magistrate First

Class, ( Court No.5) Ahmednagar in S.C.C. No. 2494/2016 dated

7.5.2018 and confirmed by the learned Additional Sessions Judge,

Ahmednagar in Criminal Appeal No. 133 of 2019 dated 5.4.2023 is

suspended till conclusion of the revision application.

(ii) The applicant Vinod Bhanudas Kasule shall be released on bail on

executing P.B. and S.B. of Rs. 50,000/- with one solvent surety of the

like amount.

3 950- Cri. Appln. No. 1592-2023.odt

(iii) Bail before the learned Sessions Judge, Ahmednagar.

( S. G. MEHARE ) JUDGE

ysk