Bombay High Court
Kashinath Rambhau Bandal vs Shri. Bhavani Agro Milk Products ... on 20 March, 2023
Bench: S. G. Mehare
1 57- CA783-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 783 OF 2023
IN
CRIMINAL REVISION APPLICATION NO. 54 OF 2023
KASHINATH RAMBHAU BANDAL
VERSUS
SHRI. BHAVANI AGRO MILK PRODUCTS
PVT LTD THROUGH SAMBHAJI RAMBHAU
LAGAD AND ANOTHER
....
Advocate for the applicant : Mr. N. C. Garud h/f
Mr. S. N. Gaikwad
A.P.P for respondent/ State : Mr. S. P. Deshmukh
.....
CORAM : S. G. MEHARE, J.
DATE : 20.03.2023
PER COURT :
1. Heard the learned counsel for the applicant.
2. The applicant was convicted for the ofence punishable
under Section 138 of the Negotiable Instrument Act, 1881
and sentenced to s ufer simple imprisonment for three
months and fne of Rs. 80,000/-. When the appeal was
preferred, the applicant had deposited Rs. 20,000/- with the
frst appellate Court and the remaining fne amount of Rs.
2,000/- with trial Court. The learned Additional Sessions
Judge, Ahmednagar in Criminal Appeal No. 136 of 2016 dated
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17.11.2022 confrmed the judgment of the conviction. He
has specifcallly observed that the accused and his counsel
were absent when called. Thely were absent for dalys
together, so the appeal was dismissed on merits.
3. The learned counsel for the applicant would submit that
since the applicant was sufering from parallysis, brain
ailment and spinal illness, he was unable to walk and attend
the Court. Unfortunatelly, this fact was not brought to the
notice of the frst appellate Court. In these peculiar
circumstances, the discretion to suspend the sentence maly
be exercised.
4. This is a revision under Section 397 read with Section
401 of the Cr.P.C. Suspension of sentence under Section 397
Cr.P.C is the discretion and that maly be exercised in
exceptional circumstances. Considering the documents
placed on record, it appears that, it was not possible for the
applicant to remain present before the frst appellate Court.
Unfortunatelly, this information was not supplied to the
learned Additional Sessions Judge, Ahmednagar. Bearing in
mind this peculiar circumstances, it is a ft case to exercise
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the discretion. Hence, the following order.
ORDER
(i) The execution of sentence of simple imprisonment for
three months imposed bly the learned Judicial Magistrate F.C.
Court No.2, Ahmednagar in Summarly Criminal Case No. 155
of 2012 decided on 12th Maly 2016 and confrmed in Criminal
Appeal No. 136 of 2016 bly the learned Additional sessions
Judge Ahmednagar on 17.11.2022, is suspended till further
orders, on the condition that :-
(a) The applicant shall deposit the remaining amount of Rs.
58,000/- (Rupees Fiftly Eight thousand) within one month
from todaly before the trial Court.
(iii) The applicant be released on bail on furnishing P. B. and
S.B. of Rs. 50,000/- with one solvent suretly of the
like amount.
(iv) Bail before the learned Additional Sessions Judge,
Ahmednagar.
( S. G. MEHARE J.)
lysk
