The High Court allowed a criminal application filed for suspension of sentence and release on bail. The applicant had surrendered and deposited the fine. The court held the substantive sentence needed suspension.
Criminal Application allowed; substantive sentence suspended; applicant released on bail on furnishing a P.R. Bond of Rs. 15,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
914 appln.3093.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 3093 OF 2013
,In REVN/109/2013
SHIVAJI MAHADEV ZHORI VERSUS THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Estling S. Murge. APP for Respondent : Mr. P.N.Mule.
CORAM : T.V. NALAWADE, J. DATE : 21st June, 2013.
PER COURT:
2 Seen copy of the conviction warrant prepared by the Sessions Court, Beed in respect of the Applicant / Petitioner. It was submitted that the Applicant / Petitioner surrendered before the Sessions Court yesterday and he has been sent to jail.
3 The present revision is filed to challenge the decision of R.C.C. No.28 of 2004, which was pending in the Court of J.M.F.C., Kaij, Beed. The Applicant / Petitioner is convicted and sentenced for offence punishable under Section 324 of the Code of Criminal Procedure. This decision is confirmed by the Sessions Court, Beed in Criminal Appeal No.21 of 2008.
2 914 appln.3093.13
4 In view of the nature of offence, evidence and the reasoning given in two judgments, this Court holds that substantive sentence needs to be suspended.
5 So, the Criminal Application No.3093 of 2013 filed for suspension of sentence is hereby allowed. It was submitted that fine amount is already deposited. In view of this circumstances, the Applicant is to be released on bail on furnishing P.R. Bond of Rs.15,000/- before the J.M.F.C., Kaij, District Beed.
6 Authenticated copy of this order to be supplied to learned counsel for the Applicant.
[ T.V. NALAWADE, J. ]
ndm
2 issues framed by the court
Whether the substantive sentence awarded for the punishable offence is sustainable given the nature of the offence and evidence.
Whether the applicant is entitled to release on bail by suspending the substantive sentence.
1 provisions across 1 enactments
Shivaji Mahadev Zhori
The State of Maharashtra
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
