Bombay High Court
Kaduba Sakharam Khandare vs State Of Mah. Thr. Pso Buldhana ... on 3 March, 2023
Bench: G. A. Sanap
1 23 revn app no.52.23.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO. 52 OF 2023
Kabuda Sakhararn Khandare
.Vs.
State of Maharashtra, through PSO, Buldhana (City)
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri P.V. Navlani, Advocate for the applicant
Shri S.A. Ashirgade, APP for the respondent/State.
CORAM : G.A. SANAP, J.
DATE : 03/03/2023
Heard.
2. Issue notice to the respondent, returnable within
four weeks.
3. Learned APP waives service of notice on behalf of
respondent.
CRIMINAL APPLICATION NO.........../2023
1. Heard.
2. Issue notice to the respondent, returnable within
four weeks.
3. Learned APP waives service of notice on behalf of
respondent.
4. This is an application for suspension of sentence
awarded by the Judicial Magistrate First Class, Buldhana vide
order dated 09.10.2017. The order of conviction and
2 23 revn app no.52.23.odt..odt
sentence to the extent of accused No.2 was confirmed subject
to modification of sentence. Accused No.1 has been
sentenced to suffer rigiorous imprisonment for a period of one
year and to pay a fine of Rs.1,000/- for the offences under
Sections 406 and 471 of the Indian Penal Code. He has been
sentenced to suffer rigorous imprisonment for two years and
to pay fine of Rs.1,000/- for offences under Sections 420 and
468 of the Indian Penal Code. All the sentences have been
ordered to run concurrently.
5. Learned Advocate for the applicant submits that
fine amount has been deposited in the trial Court. Learned
Advocate submits that applicant has good case on merits. It is
submitted that he has been taken in custody on the date of the
pronouncement of judgment. It is submitted that no purpose
would be served by keeping the applicant behind the bars. It
is therefore, submitted that pending hearing and final disposal
of the revision application, substantive sentence may be
suspended.
6. Learned APP has strong objection for granting this
relief. It is submitted that considering the serious nature of
the crime, the prayer for suspension of sentence is not at all
justified.
7. In my view considering the facts and
circumstances and the quantum of the substantive sentence, it
would be just and proper to grant this application.
3 23 revn app no.52.23.odt..odt
8. Accordingly, the substantive sentence awarded on
various count the sentence shall remain suspended during the
pendency of this revision application.
9. The applicant/accused No.1 Kaduba Sakharam
Khandare be released on bail on furnishing P.R. bond in the
sum of Rs.15,000/- and one surety in the like amount. The
bail be furnished before trial Court to the satisfaction of the
trial Court.
10. Humdast is granted.
(G. A. SANAP, J.)
manisha
Signed By:MANISHA ALOK
SHEWALE
Signing Date:03.03.2023 18:59
