Pradeep Laxmanrao Aghav vs The State Of Maharashtra And ...
2023 Latest Caselaw 2993 Bom

                                                                   57-appln-1176-2023.odt
                                           (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.1176 OF 2023
                             IN REVN/94/2023

                   PRADEEP LAXMANRAO AGHAV
                                 VERSUS
           THE STATE OF MAHARASHTRA AND ANOTHER
                                    ...
   Advocate for Applicant : Mr. N.D. Kendre h/f Mr. Bhosle Santosh C.
             APP for Respondent/State : Mr. S.B. Narwade
                                    ...
                                          CORAM : S.G. MEHARE, J.

                                           DATED : MARCH 27, 2023

 PER COURT:-

 1.               Heard learned counsel for the applicant.

 2.               The applicant has been convicted for the offence

 punishable under Section 138 of Negotiable Instruments Act and

 sentence to suffer SI for one month. The appeal preferred against the

 judgment of conviction has also been dismissed.

 3.               Learned counsel for the applicant would argue that the

 material facts have not been considered and the law has not been

 correctly applied.            Hence, the applicant deserve discretion under

 Section 389 of Cr.P.C.

 4.               Perused the judgments and orders.                 The applicant

 appears to have some grounds for argument in revision. Hence, he

 deserve suspension of sentence. Hence, the following order :




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                                                                           57-appln-1176-2023.odt
                                              (2)


                                        ORDER

(i) The execution of the sentence imposed by the learned

Judicial Magistrate First Class, Court No.1, Jalna in

SCC No.1163 of 2011 by order dated 23.10.2018

sentencing to suffer SI for one month and confirmed by

the learned Additional Sessions Judge, Jalna in

Criminal Appeal No.104 of 2018 by order dated

21.03.2023 is suspended until further orders.

(ii) 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.

(iii) Bail before the learned Additional Sessions Judge,

Jalna.

(iv) Issue notice to the respondents, returnable on

20.04.2023.

(S.G. MEHARE, J.)

Mujaheed//