Santosh Shriram Thakare vs The State Of Mah. Thr. Pso Ps Jalgaon ...
2024 Latest Caselaw 22700 Bom

Bombay High Court

Santosh Shriram Thakare vs The State Of Mah. Thr. Pso Ps Jalgaon ... on 5 August, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:8549
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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH AT NAGPUR

                    CRIMINAL APPLICATION (APPR) NO. 152 OF 2024
                                        IN
                   CRIMINAL REVISION APPLICATION NO. 114 OF 2024
                                      Santosh Shriram Thakare
                                                  Vs.
                 The State of Maharashtra, thr. PSO, PS Jalgaon Jamod, Dist. Buldhana
        **********************************************************************************************
        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. A.D. Girdekar, Advocate for the Applicant.
                               Ms. H.S. Dhande, 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, Jalgaon Jamod, and confirmed in appeal by the learned Additional Sessions Judge, Khamgaon, District Buldhana. The accused has been convicted for the offences punishable under Sections 353 and 332 of the Indian Penal Code, 1860 (for short, "IPC"). On each count, he has been sentenced to suffer rigorous imprisonment for two months and to pay a fine of Rs.500/-.

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

-2- 43.APPR.152.2024.odt

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 sentence is two months rigorous 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., rigorous imprisonment for two months for the offences punishable under Sections 353 and 332 of the IPC awarded by the learned Judicial Magistrate First Class, Jalgaon Jamod in RCC No.109/2012 and confirmed in appeal by the learned Additional Sessions Judge, Khamgaon, District Buldhana, shall remain suspended during the pendency of the revision application.

ii] Applicant/accused - Santosh Shriram Thakare 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.) Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Vijay Date: 06/08/2024 17:49:40