Mahendra @ Nana Onkar Kumavat And ... vs The State Of Maharashtra
2023 Latest Caselaw 2574 Bom

                                                              937-appln-1041-2023.odt
                                       (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.1041 OF 2023
                             IN REVN/83/2023

        MAHENDRA @ NANA ONKAR KUMAVAT AND OTHERS
                                 VERSUS
                   THE STATE OF MAHARASHTRA
                                    ...
   Advocate for Applicants : Mr. S.S. Gangakhedkar h/f Mr. Deshmukh
                               Mahesh S.
                APP for Respondent/State : Mr. K.S. Patil
                                    ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : MARCH 16, 2023

 PER COURT:-

 1.               Heard learned counsel for the applicants and learned APP

 for the State.

 2.               The applicants were convicted for the offence punishable

 under Section 326, 323 and 325 of the Indian Penal Code. However,

 the learned Additional Sessions Judge, Jalgaon in Criminal Appeal

 No.133 of 2019 dated 08.03.2023 set aside the judgment of

 conviction under Section 326 and maintained the conviction under

 Section 323 and 325 of the Indian Penal Code. Soon after the

 judgment was pronounced, the applicants were sent to jail for the

 execution of sentence. They are languishing in jail.

 3.               Learned counsel for the applicants would argue that the

 applicants have a good case on merit. The evidence has not been




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                                                                 937-appln-1041-2023.odt
                                        (2)

 properly appreciated.          Hence till the conclusion of the trial, the

 sentence may be suspended.

 4.               Per contra, the learned APP would submit that there are

 two concurrent judgments of conviction against the applicants. There

 are no arguable points in revision. Hence, the sentence may not be

 suspended.

 5.               Perused      the   impugned    judgments         and       orders.

 Considering the nature of dispute and the appreciation of evidence,

 the applicants appear to have a ground to raise in the revision. There

 were no complaints of misuse of the bail granted to the applicants.

 They deserve suspension of sentence under Section 389 of Criminal

 Procedure Code. Hence, the following order :

                                      ORDER

 (i)      Application is allowed.

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

the offence punishable under Section 325 and SI for two months

for the offence punishable under Section 323 of the Indian Penal

Code passed by the learned Judicial Magistrate First Class, Court

No.3, Chalisgaon in RCC No.10/2010 dated 08.11.2019 and

confirming the sentence for the offence punishable under the same

Sections by the learned Additional Sessions Judge, Jalgaon in

Criminal Appeal No.133 of 2019 by judgment dated 08.03.2023, is

suspended till the conclusion of the revision.

937-appln-1041-2023.odt

(iii) The applicants shall be released on bail on executing P.B.

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

amount each.

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

(v) Issue notice to the State. Learned APP waives service of

notice for the State.

(vi) Call Record and Proceedings.

(vii) List the revision application after summer vacation.

(S.G. MEHARE, J.)

Mujaheed//