Bombay High Court
Vaibhav Harihar Kapse vs State Of Mah. Thr. Pso Ps Chimur ... on 26 August, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:9497
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPR) NO. 50 OF 2024
IN
CRIMINAL REVISION APPLICATION NO. 42 OF 2024
VAIBHAV S/o HARIHAR KAPSE
VERSUS
STATE OF MAH., THRU. P.S.O. , P.S., CHIMUR, DIST. CHANDRAPUR
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Ms. Karmanya Giripunje, Advocate h/f Mr. S. V. Sipurkar, Advocate
for the applicant
Mrs. M. R. Kavimandan, A. P. P. for the non-applicant/State.
CORAM : G. A. SANAP, J.
DATE : AUGUST 26, 2024.
1. Heard Ms. Karmanya Giripunje, learned advocate
holding for Mr. S. V. Sirpurkar, learned advocate for the
applicant and Mrs. M. R. Kavimandan, learned Additional
Public Prosecutor for the non-applicant/State. Perused the
record and proceedings.
2. This is an application for suspension of substantive
sentence and for grant of bail.
3. By the judgment and order dated 10.10.2017, passed
by learned Judicial Magistrate, First Class, Chimur, Dist.
Chandrapur, in Regular Criminal Case No. 82/2015, the
applicant has been convicted for the offence punishable
under Section 325 of the Indian Penal Code and sentenced
to suffer rigorous imprisonment for two months and to pay
fine of Rs.3,000/- and in default to suffer further RI for
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15 (fifteen) days. The said judgment and order has been
confirmed by learned Additional Sessions Judge, Warora in
an appeal bearing Criminal Appeal No. 54/2017 vide
judgment and order dated 02.02.2024.
4. Learned advocate for the applicant submitted that the
applicant has deposited the fine amount. The revision
application filed by the accused/applicant, challenging the
impugned judgment and order, has to be heard and decided
on going through the record and proceedings. It will take
some time.
5. In view of the above and looking to the quantum of
substantive sentence, it would be just and proper to suspend
the substantive sentence.
6. Accordingly, the criminal application is allowed.
7. The substantive sentence awarded by the learned
Judicial Magistrate, First Class, Chimur, Dist. Chandrapur,
vide judgment and order dated 10.10.2017 and confirmed
by learned Additional Sessions Judge, Warora vide
judgment and order dated 02.02.2024, shall remain
suspended during pendency of this revision application.
8. Applicant - Vaibhav S/o Harihar Kapse be released
on bail on his furnishing PR bond in the sum of Rs.15,000/-
(Rupees Fifteen thousand only) with one surety in the like
amount.
9. The criminal application stands disposed of in the
aforesaid terms.
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CRIMINAL REVISION APPLICATION No. 42/2024
List the revision application for final hearing at the
admission stage after four weeks.
( G. A. SANAP, J. )
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 26/08/2024 20:46:13
