Allowed

Pankaj Rajendra Burle v. the State of Mah. Thr. Pso, Ps, Gadchiroli, Distt. Gadchiroli.

Bombay HC27 Mar 2024APPR/70/2024

Case brief

AI extract

What is this about?

Single judge allowed an application for suspension of substantive sentence in a criminal appeal involving Section 324 IPC, releasing the applicant on personal bond pending final hearing. The court mustered a case for suspension due to the short sentence term.

What did the court decide?

Substantive sentence suspended; applicant released on personal bond of 25,000 with one solvent surety.

Pankaj Rajendra Burle vs the State of Mah. Thr… — Criminal Trial and Appeal | Bombay HC (2024)

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1 37-revn-52-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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CRIMINAL REVISION APPLICATION NO. 52 OF 2024

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Pankaj Rajendra Burle (In jail)

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Vs.

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The State of Maharashtra

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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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Shri Anil A. Dhawas, Advocate for applicant Shri Harshal D. Dubey, APP for non-applicant/State.

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CORAM :- M. W. CHANDWANI, J.

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DATED :- 27.03.2024

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Heard.

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Admit .

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The learned APP waives service of notice for

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the non-applicant/State.

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Call record and proceedings.

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CRIMINAL APPLICATION (APPR) NO. 70 OF 2024

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By this application, the applicant is seeking suspension of substantive sentence passed in Criminal Appeal No. 21/2018 by the learned Sessions Judge, Gadchiroli convicting the applicant for the offence punishable under Section 324 of the Indian Penal Code (IPC). The applicant is sentenced to suffer rigorous imprisonment for six months and to pay fine of 5,000/-.₹5,000/-.

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RR Jaiswal

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2 37-revn-52-24.odt

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It is contended on behalf of the learned counsel for the applicant that sentence imposed is for six months and the applicant was on bail during the trial. He did not misuse the liberty granted to him and has a good case on merits.

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Per contra, the learned APP for the State objected on the ground that there are two concurrent findings, holding the applicant guilty for the offence punishable under Section 324 of the IPC hence, sought rejection of the application.

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Considering the sentence awarded to the applicant, which is for a relatively shorter term i.e. for six months and the fact that revision may not be heard in near future, a case is made out for suspension of substantive sentence. Hence, I proceed to pass the following order:-

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i) The application is allowed.

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ii) During the pendency of the revision, substantive sentence passed in Criminal Appeal No. 21/2018 by the learned Sessions Judge, Gadchiroli shall remain suspended.

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iii) The applicant be released on executing a P.R. bond of 25,000/- (Rs. Twenty Five Thousand) with one₹5,000/-. solvent surety in the like amount.

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iv) The applicant shall remain present at the time of final hearing of the revision.

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RR Jaiswal

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3 37-revn-52-24.odt

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The Registry is directed to process the revision and place the matter for final hearing as per its turn.

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(M. W. CHANDWANI, J.)

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Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge RR Jaiswal Date: 28/03/2024 17:40:13

Pankaj Rajendra Burle v. the State of Mah. Thr. Pso, Ps, Gadchiroli, Distt. Gadchiroli.

Case brief

What is this about?

What did the court decide?

Pankaj Rajendra Burle v. the State of Mah. Thr. Pso, Ps, Gadchiroli, Distt. Gadchiroli.

Case brief

What is this about?

What did the court decide?

What the court decided

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