Namdeo Kishan Pawde @ Pandwe vs The State Of Maharashtra Through ...
2023 Latest Caselaw 2088 Bom

                                                                   930-appln-854-2023.odt
                                       (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.854 OF 2023
                              IN REVN/65/2023

                   NAMDEO KISHAN PAWDE @ PANDWE
                                   VERSUS
                       THE STATE OF MAHARASHTRA
                                       ...
              Advocate for Applicants : Mr. Shinde Dhananjay M.
                APP for Respondent/State : Mr. S.P. Sonpawale
                                       ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : MARCH 02, 2023
 PER COURT:-

 1.               Heard the respective counsels.

 2.               The applicant has been convicted for the offence

 punishable under Section 419, 420, 468 read with 34 of the Indian

 Penal Code. The appeal against conviction has also been dismissed.

 After the dismissal of the appeal, the applicant has been sent to jail

 for execution of the sentence under conviction warrant.

 3.               The learned counsel for the applicant would submit that

 the law as regards the forgery and cheating has not been properly

 appreciated with the relevant evidence. This is the error on the face

 of the record committed by the Courts convicting the applicant. The

 applicant has a good case on merit. Hence, the sentence may be

 suspended.

 4.               The learned APP would argue that there are two

 concurrent judgments holding the applicant guilty.                The offence is




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                                                                930-appln-854-2023.odt
                                        (2)


 serious. The applicant has no grounds for argument in the revision.

 Hence, the sentence may not be suspended.

 5.               Perused the application and the judgments impugned

 before this Court.            Considering the reasons assigned for the

 conviction, the Court is of the view that the applicant may assail the

 reasons for conviction on certain legal grounds. In the circumstances,

 the following order is passed :

                                     ORDER

(i) The execution of the sentence to suffer RI for one year for

the offence punishable under Section 419 r/w 34 of the Indian

Penal Code, RI for three years for the offence punishable under

Section 420 r/w 34 of the Indian Penal Code and RI for further

three years for the offence punishable under Section 468 r/w 34

of the Indian Penal Code imposed by the Chief Judicial Magistrate,

Nanded in RCC No.920 of 2001 dated 13.10.2008 and confirmed

by the learned Additional Sessions Judge, Nanded in Criminal

Appeal No.86 of 2008 dated 21.02.2023, is suspended for the

present applicant - Namdeo Kishan Pawde @ Pandwe, till

conclusion of the revision.

(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.

930-appln-854-2023.odt

(iii) Issue notice to the State, returnable on 13.04.2023.

Learned APP waives service of notice for the State.

(iv) Bail before the Additional Sessions Judge, Nanded.

 (v)          Call Record and Proceedings.




                                                (S.G. MEHARE, J.)




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