Shobha W/O Balu Gaikwad vs The State Of Maharashtra
2023 Latest Caselaw 5263 Bom

                                                              946-appln-3985-2022.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.3985 OF 2022
                            IN REVN/350/2022

                       SHOBHA W/O BALU GAIKWAD
                                  VERSUS
                       THE STATE OF MAHARASHTRA
                                      ...
                 Advocate for Applicant : Mr. Chormal Ajit B.
               APP for Respondent/State : Ms. V.N. Patil Jadhav
                                      ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : JUNE 07, 2023

 PER COURT:-

 1.               Heard learned counsel for the applicant and learned APP

 for the State.

 2.               The applicant has been convicted for the offence

 punishable under Section 65(E) of Maharashtra Prohibition Act by the

 learned Judicial Magistrate First Class, Court No.3, Shrirampur in

 S.C.C. No.678 of 2019 dated 28.09.2020 and sentenced to suffer SI

 for three years. The learned Additional Sessions Judge, Shrirampur,

 District Ahmednagar confirmed the judgment of conviction in

 Criminal Appeal No.18 of 2020 by order dated 03.11.2022.

 3.               This is a case in which the learned Additional Sessions

 Judge did not follow Section 418 of Cr.P.C. The applicant did not

 surrender till date. Whether in such a situation a sentence can be

 suspended was a question before this Court in Criminal Application




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                                                               946-appln-3985-2022.odt
                                      (2)


 No.3373 of 2022 in Criminal Revision Application No.301 of 2022.

 This Court has referred that issue to the Hon'ble Division Bench.

 Therefore, the applicant is entitled to temporary suspension of

 sentence till the referred issue is decided by the Hon'ble Division

 Bench. Hence, the following order :

                                   ORDER

 (i)      The application is partly allowed.

 (ii)     The execution, implementation and effect of the sentence to

suffer SI for three years for the offence punishable under Section

65(E) of Maharashtra Prohibition Act by the learned Judicial

Magistrate First Class, Court No.3, Shrirampur in S.C.C. No.678 of

2019 dated 28.09.2020 and confirmed by the learned Additional

Sessions Judge, Shrirampur in Criminal Appeal No.18 of 2020 by

order dated 03.11.2022 is temporarily suspended till the issue

referred to the Hon'ble Division Bench is decided or the revision is

decided, as the case may be.

(iii) The applicant shall be released on temporary bail on executing

P.B. and S.B. of Rs.50,000/- (Rs. fifty thousand) with one solvent

surety of the like amount till the issue referred to the Hon'ble Division

Bench is decided on merit.

(iv) Bail before the learned Additional Sessions Judge, Shrirampur.

                                                                 946-appln-3985-2022.odt



 (v)          List the matter in due course.




                                                (S.G. MEHARE, J.)




 Mujaheed//