Raj Kumar Singh v. State of Maharashtra
Case brief
What is this about?
In an interim application, the Bombay High Court suspended the applicant's substantive sentence of imprisonment related to a factory safety contravention. The court allowed cash bail and granted more time for defence preparation while expediting the hearing of the revision, noting the shortness of the sentence.
What did the court decide?
Suspended substantive sentence during pendency of revision on furnishing of Personal Bond and Surety Bond of Rs.20,000/-; permitted cash bail of Rs.20,000/- for four weeks.
What the court decided
18- IA 1320-24 (i).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1320 of 2024 IN CRIMINAL REVISION APPLICATION NO.168 of 2024
Raj Kumar Singh ...Applicant vs. State of Maharashtra ...Respondent
Mr. Niranjan Mundargi i/by Mr. Prasanna A. Bhangale, Advocate for Applicant. Mr. V.N. Sagare, APP for the State.
CORAM : S. M. MODAK, J. DATE : 1st APRIL 2024
P. C. :-
- Heard the learned counsel for the Applicant and
the learned APP for the State.
- The Applicant being an occupier of the factory, was convicted by the Chief Judicial Magistrate, RaigadAlibag in S.C.C. No. 723/2014 on 24th September, 2018,
Issues for consideration
3 issues framed by the court
Whether the occupier can be held responsible for the failure to re-erect fencing by another person during maintenance work where safety provisions were originally fulfilled.
Whether an acquittal on one offence under the Factories Act bars conviction on a different offence under the same Act.
Whether the sentence of imprisonment imposed for the conviction should be suspended pending the disposal of the criminal revision application.
Parties & counsel
- applicant
Raj Kumar Singh
- respondent
State of Maharashtra
Coram
S. M. Modak
Case details
As recorded by the court registry
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