Maroti Sadashiv Mahajan vs The State Of Maharashtra
2023 Latest Caselaw 2046 Bom

                                                                 942-revn-63-2023.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

             CRIMINAL REVISION APPLICATION NO.63 OF 2023
                WITH APPLN/841/2023 IN REVN/63/2023

                   MAROTI SADASHIV MAHAJAN
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                   ...
 Advocate for Applicant : Mr. S.B. Bhapkar h/f Mr. Rakhunde Pravin
              APP for Respondent/State : Mr. K.S. Patil
                                   ...
                                   CORAM : S.G. MEHARE, J.

                                        DATED : MARCH 01, 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 509 of the Indian Penal Code and sentenced

 to suffer SI for three months.

 3.               The applicant's counsel argued that the applicant has a

 good case on merit. The evidence has not been properly appreciated.

 The applicant is 22 years old boy. The benefit of the Probation of

 Offenders Act has been denied. The applicant has been convicted on

 sole evidence of the complainant. He has good chances of success in

 the revision petition. Hence, the sentence may be suspended.

 4.               Learned APP has opposed the application and argued that

 the applicant has been correctly convicted. There are no grounds for

 the revision.




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                                                                      942-revn-63-2023.odt
                                          (2)


 5.                 Perused the impugned judgments and orders.                  There

 appears scope for the applicant to argue the revision on merit. Hence,

 the following order :

                                       ORDER

(i) The execution of the sentence to suffer SI for three months for

the offence punishable under Section 509 of the Indian Penal Code

imposed by the learned Judicial Magistrate First Class, Himayatnagar

in SCC No.86 of 2012 dated 22.03.2021 and confirmed by the learned

Additional Sessions Judge, Bhokar in Criminal Appeal No.09 of 2021

dated 16.12.2022, is suspended till the conclusion of the revision

application.

(ii) The applicant shall be released on bail on executing P.B. and

S.B. of Rs.50,000/- with one solvent surety of the like amount.

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

(iv) Issue notice to the State, returnable on 29.03.2023.

(v) Registrar (Judicial) is requested to call for the conduct report

from the District Probation Officer, Nanded in the present crime, on or

before 29.03.2023.

(S.G. MEHARE, J.)

Mujaheed//