Pradip Bhaskar Pawar And Another vs State Of Mah.Thr. Pso Ps Dhad Tq. ...
2023 Latest Caselaw 7557 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR


                CRIMINAL REVISION APPLICATION NO.166 OF 2023
(Pradip Bhaskar Pawar and another .vs. State of Maharashtra, through Police Station Officer, Dhad Police Station,
                                               District-Buldhana)

Office Notes, Office Memoranda of                                   Court's or Judge's orders
Coram, Appearances, court's orders or
directions and Registrar's orders


                                        Mr. S.A. Mohta, Advocate for Applicants,
                                        Mr. Amit Chutke, APP for Non-Applicant-State.
                                                       ----------

                                        CORAM          : G.A. SANAP, J.

DATE : JULY 28, 2023.

1. Heard Mr. S.A. Mohta, learned Advocate for the applicants.

2. ADMIT.

3. Mr. Amit Chutke, learned Additional Public Prosecutor waives service of notice on behalf of the non- applicant-State.

4. Call for the record and proceedings.

CRIMINAL APPLICATION [APPR] NO.252/2023

1. This is an application for suspension of substantive sentence and grant of bail.

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2. Learned Additional Sessions Judge, Buldhana, by his judgment and order dated 19.07.2023 has dismissed the appeal filed by the applicants/accused and confirmed the conviction and sentence of three months' rigorous imprisonment for the offence punishable under section 324 read with Sec. 34 of the Indian Penal Code, awarded by the learned Chief Judicial Magistrate, Buldhana by his judgment and order dated 01.03.2018. The accused has been taken into custody on 19.07.2023.

3. I have heard Mr. S.A. Mohta, learned Advocate for the applicants and Mr. Amit Chutke, learned Additional Public Prosecutor for the non-applicant-State.

4. The learned advocate for the applicants submits that they have a good case on merits and, therefore, the substantive sentence may be suspended. He submits that the accused have deposited the fine amount of Rs.500/- each.

5. In the facts and circumstances of the case, the substantive sentence awarded by the learned Chief Judicial Magistrate, Buldhana vide judgment and order dated 01.03.2018 and confirmed by the learned Additional Sessions Judge, Buldhana vide judgment and order dated 19.07.2023

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shall remain suspended during pendency of this revision application.

6. Applicants-Pradip Bhaskar Pawar and Sandip Bhaskar Pawar be released on bail on their furnishing PR Bond in the sum of Rs.15,000/- each with one surety of the like amount. Bail before the trial Court.

7. Criminal Application (APPR) No.252/2023 stands disposed of.

(G.A. SANAP, J.) Gulande