Bombay High Court
Vikas Diwakar Pimpalkar vs The State Of Maharashtra Through Pso Ps ... on 4 September, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 134 OF 2024
VIKAS DIWAKAR PIMPALKAR
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., GONDPIPRI, 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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Mr. A. A. Dhawas, Advocate for applicant.
Mr. A. R. Chutke, A. P.P. for the non-applicant/State.
CORAM : G. A. SANAP, J.
DATE : SEPTEMBER 04, 2024.
1. Heard Mr. A. A. Dhawas, learned advocate for the
applicant.
2. Issue notice for final hearing at the stage of admission
to the non-applicant/State.
3. Mr. Amit R. Chutke, learned Additional Public
Prosecutor waives service of notice on behalf of the non-
applicant / State.
4. Learned advocate for the applicant shall produce on
record either the paper book of the Appellate Court or the
copies of the depositions.
5. Stand over after three weeks.
Criminal Application (APPR) No. 174 of 2024
1. Heard Mr. A. A. Dhawas, learned advocate for the
applicant.
2. Learned Additional Public Prosecutor waives service
of notice on behalf of the respondent/State.
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3. This is an application for suspension of sentence and
for grant of bail.
4. The applicant has challenged the judgment and order
dated 08.08.2024 passed by learned Sessions Judge,
Chandrapur in Criminal Appeal No. 92/2017, whereby the
learned Judge dismissed the appeal filed by the applicant
against his conviction and sentence awarded by the learned
Judicial Magistrate, First Class, Gondpipari vide judgment
and order dated 18.09.2017 in Regular Criminal Case No.
52/2012.
5. The applicant, on conviction, has been sentenced to
suffer rigorous imprisonment for six months and to pay fine
of Rs.2,000/- with default clause, for the offence punishable
under Section 354 of the Indian Penal Code.
6. Mr. Dhawas, learned advocate for the applicant
submitted that he has good case on merits. He has stated
the grounds of challenge to the impugned judgment and
order in the revision application. It is submitted that the
revision may take some time for disposal. Learned advocate,
therefore, prayed that the sentence may be suspended and
the applicant be released on bail.
7. Learned Additional Public Prosecutor submits that
the applicant has been convicted of a serious offence. He
submitted that the Court may pass an appropriate order
considering the facts and circumstances of the case.
8. On going through the record and proceedings, I am
of the view that this revision application has to be heard on
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merits. The substantive sentence is imprisonment for six
months. The applicant has already deposited the fine
amount. It is further evident from the record that during
pendency of the appeal, the applicant was on bail. There is
no grievance of misuse of the bail conditions.
9. In view of the above, the criminal application is
allowed.
10. The substantive sentence awarded by the learned
Judicial Magistrate, First Class, Gondpipari vide judgment
and order, dated 18.09.2017 and confirmed by the learned
Additional Sessions Judge, Chandrapur, by the judgment
and order dated 08.08.2024, shall remain suspended during
pendency of the revision application.
11. Applicant - Vikas Diwakar Pimpalkar be released on
bail on his furnishing PR bond in the sum of Rs.15,000/-
with one surety of the like amount.
12. The criminal application (APPR) stands disposed of.
( G. A. SANAP, J. )
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 04/09/2024 18:21:07
