Bombay High Court
Sachin Deorao Purke vs The State Of Maharashtra Thr Pso ... on 16 August, 2024
2024:BHC-NAG:9158
(1) 16.appa.767.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.767 OF 2024
IN
CRIMINAL APPEAL NO.436 OF 2024
Sachin Deorao Purke
Vs.
State of Maharashtra, Through Police Station Officer, Hinganghat,
District 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. A. M. Chandekar, Counsel for applicant/appellant.
Mr. U. R. Phasate, APP for non-applicant No.1/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 16/08/2024
1. By preferring this appeal, the applicant has
challenged the judgment and order of sentence
passed in Sessions Case No.28/2021 wherein the
applicants are held guilty under Section 324, 294,
435 and 427 of the Indian Penal Code. The
maximum punishment imposed on all the applicants
was rigorous imprisonment of three years and fine.
The applicants have already paid the fine amount.
2. Learned Counsel for the applicants
submitted as far as the applicant No.1 is concerned,
he has already undergone the punishment and as far
as applicants Nos.2 and 3 are concerned, they have
filed an appeal as the learned Sessions Court has not
considered the evidence against them and
(2) 16.appa.767.2024
erroneously convicted them. The appeal would take
its own time for its final decision. In the meantime, if
the sentence is executed, the applicant No.3 would
lost her job. It is further submitted that the purpose
of preferring the appeal would frustrate, in view of
that he prayed for suspension of sentence till disposal
of the appeal.
3. Learned APP strongly opposed the said
application on the ground that appeal is devoid of
merits and liable to be dismissed. In view of that
application deserves to be rejected.
4. After hearing the learned Counsel for the
applicants and learned APP for the State. As far as
the applicant No.1 is concerned, he has already
undergone the sentence, but as far as applicant
Nos.2 and 3 are concerned, the punishment imposed
is of a limited period, the appeal would take its own
time for its final decision. In the meantime, if
sentence is executed, the purpose of preferring the
appeal would frustrate. In view of that the prayer of
suspension of sentence deserves to be allowed.
Accordingly, I proceed to pass following order:
ORDER
(i) The execution of the sentence of the
applicant Nos. 2 and 3 is hereby suspended till
decision of the appeal.
(ii) The applicant Nos.1 to 3 shall be
released on bail on executing PR bond in the
(3) 16.appa.767.2024
sum of Rs.25,000/- each with one solvent
surety of the like amount.
5. The criminal application is disposed of.
CRIMINAL APPEAL NO.436 OF 2024
1. Heard.
2. Admit.
3. Learned APP waives service of notice for
the State.
4. Call for record and proceedings.
5. Appeal be placed before this Court after
preparation of the paper book.
6. Leave is granted to the appellant to file a
separate application for stay to the conviction.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 19/08/2024 19:19:49
