Shamrao S/O Bhivaji Arma vs The State Of Maharashtra
2024 Latest Caselaw 22573 Bom

Bombay High Court

Shamrao S/O Bhivaji Arma vs The State Of Maharashtra on 3 August, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

                                                                         13 revn 123.24.odt..odt
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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

               CRIMINAL REVISION APPLICATION NO.123 OF 2024
                            Shamrao s/o Bhivaji Arma (In Jail)
                                           (Vs.)
           The State of Maharashtra, through PSO, PS, Chamorshi Dist. Gadchiroli
    ____________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
Mr. Sahil D. Umredkar, Advocate for the applicant.
Mrs. Mukta Kavimandan, APP for non-applicant/State.


                           CORAM : G.A. SANAP, J.

DATE : 03.08.2024 Heard.

2. Issue notice to the non-applicant, returnable within four weeks.

3. Learned APP waives service of notice on behalf of non-applicant/State. APPLICATION (APPR) NO.164 OF 2024

1. Issue notice to the non-applicant.

2. Learned APP waives service of notice on behalf of non-applicant/State.

3. Heard finally with the consent of learned Advocates for the parties.

4. The appeal filed by the accused/applicant against his conviction and sentence has been 13 revn 123.24.odt..odt

dismissed by the learned Sessions Judge, Gadchiroli. The applicant/accused is held guilty for the offences punishable under Sections 279, 304-A of the Indian Penal Code (for short, "the I.P.C.") and under Section 184 of the Motor Vehicles Act, 1988 (for short, "the M.V. Act").

4. It is stated that on the date of judgment i.e. 10.07.2024, the accused is taken in custody. It is stated that he has a good case on merits. Revision may take own time for disposal. It is submitted that maximum substantive sentence awarded is six months rigorous imprisonment. It is submitted that substantive sentence may be suspended. It is further stated that the accused is ready to deposit the fine amount. Accordingly, the application is allowed.

5. It is ordered that the substantive sentence passed by the learned Judicial Magistrate First Class, Chamorshi and confirmed by the learned Sessions Judge, Gadchiroli vide order dated 10.07.2024, shall remain suspended during the pendency of this 13 revn 123.24.odt..odt

revision application.

6. Applicant - Shamrao s/o Bhivaji Arma be released on bail on his furnishing PR bond in the sum of Rs.15,000/- with one surety in the like amount.

7. The bail shall be furnished before the learned Sessions Judge, Gadchiroli to the satisfaction of the learned Judge.

8. The application stands disposed of.

JUDGE

manisha

Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 03/08/2024 17:43:18