Parvesh S/O Pundalik Chinnewar vs State Of Mah. Thr. Pso Ps Pulgaon ...
2023 Latest Caselaw 2392 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

               CRIMINAL REVISION APPLICATION NO.73 OF 2022
                             Pravesh s/o Pundalik Chinnewar
                                           (Vs.)
                State of Maharashtra, through PSO PS Pulgaon Dist Wardha
    ____________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions              Court's or Judge's orders.
and Registrar's Orders.
                           Shri M.N. Ali, Advocate for the applicant.
                           Shri Amit Chutke, APP for State.



                           CORAM : G.A. SANAP, J.

DATE : 13.03.2023.

Heard.

2. Issue notice to the non-applicant/State, returnable after three weeks.

3. Learned APP waives service of notice for the State.

CRIMINAL APPLICATION NO.94 OF 2022

1. Heard.

2. Issue notice to the non-applicant/State.

3. Learned APP waives service of notice for the State.

4. This is an application filed under Section 389 of the Code of Criminal Procedure for suspension of 35 revn 73.22.odt..odt

substantive sentence and grant of bail.

5. The applicant has been convicted for the offences punishable under Sections 420, 468 and 471 r/w Section 34 of the Indian Penal Code

6. The applicant is sentenced to suffer Rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one month for the offence punishable under Section 420 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default to undergo rigorous imprisonment for one month for the offence punishable under Section 468 of the Indian Penal Code. He is also sentenced to suffer R.I. for one year and to pay fine of Rs.1,000/-, in default to undergo rigorous imprisonment for one month for the offence punishable under Section 471 of the Indian Penal Code.

7. In the appeal filed against the conviction and sentence, the leaned Additional Sessions Judge dismissed the appeal.

8. Learned Advocate for the applicant submits that the applicant has deposited the fine amount imposed on various counts.

9. In view of the facts stated in the application 35 revn 73.22.odt..odt

and the fact that revision may take its own time for final adjudication, the substantive sentence can be suspended during the pendency of revision application.

10. Accordingly, the application is allowed.

(i) The substantive sentence awarded on different counts, as stated above, vide judgment and order dated 28.08.2013 passed by the learned Judicial Magistrate First Class Pulgaon in Regular Criminal Case No.150/2005 and also the judgment dated 15.02.2022 passed in Criminal Appeal No.95/2013 by learned Adhoc Additional Sessions Judge-1 Wardha shall remain suspended during the pendency of the revision.

(ii) Applicant - Pravesh s/o Pundalik Chinnewar be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount. Surety be submitted before the trial Court and to the satisfactions of the trial Court.

(iii) The Criminal Application stand disposed of.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:14.03.2023 11:04