Bombay High Court
Ashok Nanaji Bawane vs The State Of Maharashtra Through Warda on 5 August, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:8552
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPR) NO. 145 OF 2024
IN
CRIMINAL REVISION APPLICATION NO. 110 OF 2024
Ashok Nanaji Bawane
Vs.
The State of Maharashtra, thr. PSO Wardha, Dist. Wardha
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. M.V. Rai, Advocate for the Applicant.
Mr. Harshal Futane, APP for the Respondent/State.
CORAM : G. A. SANAP, J.
DATED : 5th AUGUST, 2024.
. Heard learned advocate for the applicant/accused
and learned APP for the respondent/State.
2. The applicant has made this application for
suspension of his substantive sentence awarded by the learned
Judicial Magistrate First Class, Wardha, and confirmed in
appeal by the learned Additional Sessions Judge, Wardha. The
accused has been convicted for the offences punishable under
Sections 341, 354, 323 and 325 of the Indian Penal Code,
1860 (for short, "IPC"). He has been sentenced to suffer simple
imprisonment for one month and to pay a fine of Rs.200/- for
the offence punishable under Section 341 of the IPC; simple
imprisonment for one year and to pay a fine of Rs.2,000/- for
the offence punishable under Section 354 of the IPC; simple
imprisonment for one month and to pay a fine of Rs.500/- for
the offence punishable under Section 323 of the IPC and simple
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imprisonment for two years and to pay a fine of Rs.2,000/- for
the offence punishable under Section 325 of the IPC.
3. Learned advocate for the applicant/accused submits
that the accused has a good case on merits. Learned advocate
submits that the accused has deposited the fine amount. The
grounds of challenge to the judgment and order have been set
out in the revision application.
4. I have perused the judgment and order and the
grounds of revision application. It needs to be stated that this
revision application may take some time for disposal. The
maximum sentence is two years simple imprisonment. In my
view, considering the facts and circumstances and the quantum
of the sentence, it would be just and proper to grant this
application.
5. Accordingly, the application is allowed.
i] The substantive sentence, i.e., simple imprisonment
for one month for the offence punishable under Section 341 of
the IPC; simple imprisonment for one year for the offence
punishable under Section 354 of the IPC; simple imprisonment
for one month for the offence punishable under Section 323 of
the IPC and simple imprisonment for two years for the offence
punishable under Section 325 of the IPC awarded by the
learned Judicial Magistrate First Class, Wardha in RCC
No.124/2013 and confirmed in appeal by the learned
Additional Sessions Judge, Wardha, shall remain suspended
during the pendency of the revision application.
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ii] Applicant/accused - Ashok Nanaji Bawane be
released on bail on his furnishing P.R. bond in the sum of
Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the
like amount.
iii] The bail before the Trial Court.
6. The application stands disposed of accordingly.
(G. A. SANAP, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 06/08/2024 17:52:31
