Banner Bench Criminal Revision Application allowed suspension of substantive sentence and released applicant on personal bond pending disposal of revision.
Substantive sentence stayed; applicant released on personal bond of Rs. 15,000/- with one surety.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION (REVN) NO. 86 OF 2023
Rama Popat Sathe .VS. State of Maharashtra
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Mr Haque Mohd Inamul, Advocate for the applicant Mr M. H. Deshmukh, APP for the State
CORAM : G.A. SANAP, J. DATE : APRIL 21, 2023.
Heard.
CRIMINAL APPLICATION (APPR) NO. 124 OF 2023
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The applicant was convicted vide judgment and order dated 27.08.2019 by the learned Judicial Magistrate First Class, Tah. Seloo, Distt. Wardha for the offence punishable under Section 471 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine amount of Rs.10,000/- and in default to suffer rigorous imprisonment for 2 months. In the appeal, filed against this order the learned Additional Sessions Judge, Wardha by judgment and order dated 11.04.2023 confirmed this order of conviction and modified the substantive sentence from two years rigorous imprisonment to three months rigorous imprisonment. The order with regard to the fine amount of Rs.10,000/- has been confirmed.
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been set out. The revision application, in view of the factual position, would be required to be heard on merits. The hearing of the revision may take its own time. The applicant has already deposited the fine amount. On going through the record and proceedings and particularly the quantum of the substantive sentence, in my view, it would be in the interest of the justice to suspend the substantive sentence.
11. Accordingly, the application is allowed.
Namrata
Signed By:NAMRATA YOGESH DHARKAR P. A. High Court Nagpur Signing Date:21.04.2023 15:14
2 issues framed by the court
Whether the substantive sentence passed in the appeal should be suspended pending the hearing of the criminal revision application.
Whether the applicant is eligible for bail by furnishing a personal bond.
Rama Popat Sathe
G.A. Sanap
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
