Sanjaykumar Shankarrao Lade vs Shaikh Jeelani S/O Abdul Gaffar
2023 Latest Caselaw 2613 Bom

                                                               964-appln-1088-2023.odt
                                       (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.1088 OF 2023
                             IN REVN/57/2023

                   SANJAYKUMAR SHANKARRAO LADE
                                  VERSUS
                  SHAIKH JEELANI S/O ABDUL GAFFAR
                                      ...
         Advocate for Applicant : Mr. Warma Bharatkumar Ramdeo
         Advocate for Respondent : Mr. M.M. Baig & Mr. M.M. Joshi
                                     ...

                                       CORAM : S.G. MEHARE, J.

                                        DATED : MARCH 17, 2023


 PER COURT:-

 1.               Not on board. Taken on board.

 2.               Heard learned counsel for the applicant.

 3.               Learned counsel for the applicant would argue that the

 applicant has surrendered before the learned Magistrate and sent to

 jail under conviction warrant for execution of the sentence. He would

 argue that the applicant has a good case on merit. There are arguable

 points in the revision. Hence, sentence may be suspended.

 4.               Per contra, learned counsel for the respondent would

 argue that two concurrent judgments are well reasoned.                     It is a

 technical offence; hence, there is no scope to warrant the interference

 under revisional jurisdiction.




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                                                                       964-appln-1088-2023.odt
                                           (2)

 5.               Perused the impugned judgments and orders. There

 appears ground to argue in the revision. Hence, the sentence is liable

 to be suspended. Hence, the following order :

                                         ORDER

 (i)      Application is allowed.

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

imposed by the learned Judicial Magistrate First Class, Court

No.13, Aurangabad in SCC No.1724 of 2014 dated 11.03.2020

and confirmed by the learned Additional Sessions Judge,

Aurangabad by its judgment and order in Criminal Appeal No.07

of 2021 dated 09.02.2023, is suspended till the conclusion of the

revision.

(iii) 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.

(iv) Bail before the learned Additional Sessions Judge,

Aurangabad.

(v) The respondent/complainant is entitled to receive the

money which the present petitioner has deposited before the trial

Court, on underataking to redeposit the money within one month

from the date of the judgment.

(vi) Issue notice to the respondent. The respondent appears

suo-moto and waives service of notice.

964-appln-1088-2023.odt

(vii) Call Record and Proceedings.

(viii) List the revision application on 05.06.2023.

(ix) Office to accept the vakalatnama of the respondent.

(S.G. MEHARE, J.)

Mujaheed//