Mahadev Ganpati Halvankar v. the State of Maharashtra
Case brief
What is this about?
In this criminal application, the High Court of Bombay suspended the execution of the applicant's sentence pending the disposal of the criminal appeal, considering the application filed in terms of Section 389 Cr.P.C.
What did the court decide?
The execution of the sentence of the applicant is suspended pending the disposal of the appeal.
What the court decided
912. APPA 823_2014
Vidya amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 823 OF 2014 IN CRIMINAL APPEAL NO. 506 OF 2014
Mahadev Ganpati Halvankar … Applicant vs. The State of Maharashtra … Respondent
Mr. A.P. Mundargi, Senior Advocate i/b. Mr. Hrishikesh Mundargi for the applicant.
Ms. Alpa Javeri, APP for the State.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 2nd July, 2014.
P.C.
This Application is moved wherein the applicant has prayed that pending disposal of criminal appeal, the conviction of the appellant dated 3.5.2014 be suspended. The learned counsel for the applicant submitted that the applicant has made this prayer within the framework of section 389 of the Code of Criminal Procedure wherein the order appealed against is sought to be suspended.
- The learned APP opposed the application on the point that the conviction is not to be suspended, but the sentence can be suspended.
Issues for consideration
1 issue framed by the court
Whether execution of the suspended sentence can be put on hold pending disposal of criminal appeal under Section 389 of Cr.P.C.
Parties & counsel
- applicant
Mahadev Ganpati Halvankar
- respondent
State of Maharashtra
Coram
Mridula Bhatar
Case details
As recorded by the court registry
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