This court dismissed an application for suspension of sentence, holding that the applicant was obligated to surrender after the earlier rejection of the request. A non-bailable warrant was directed.
Application rejected; non-bailable warrant directed if no surrender.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 CRIMINAL APPLICATION NO.1415 OF 2021
IN APEAL/170/2021 WITH APEAL/170/2021
ROHIT @ DICHYA S/O. NANA KAMBLE
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Gore Ravindra Vitthal
APP for Respondent State: P.N.Kutti
CORAM : MANGESH S. PATIL
DATE : 30/07/2021
PER COURT :
Heard the learned advocate for the applicant. Perused the papers.
2]It is really astonishing rather highly objectionable that inspite of
having been convicted and the appellant/applicant having failed to impress
this Court while preferring the Appeal to suspend the sentence which
request was rejected by this Court on 8/4/2021 in Criminal Appeal
No.795/2021, without surrendering to suffer the imprisonment he is bold
enough to move this application making the same request for suspension of
sentence on the ground that the Appeal is not likely to be heard in the near
future.
3]In my considered view, no sooner his application for suspension of
sentence was rejected by this Court he was under obligation to surrender to
suffer the sentence. Without keeping his such obligation he has filed this
Application which in my considered view is liable to be dismissed at the
threshold.
4] The Application is rejected.5]Inform the trial Court to immediately issue a Non-Bailable warrant
against the appellant-applicant, if he does not surrender.
umg
(MANGESH S. PATIL, J.)
1/1
1 issue framed by the court
whether an application for suspension of sentence is maintainable when rejected previously and the applicant has not surrendered to suffer the sentence
Rohit @ Dichya s/o Nana Kamble
The State of Maharashtra
Mangesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court