Sushila Shishupal Hajare vs the State of Maharashtra Thr Pso Ps Ajani Dist. Nagpur — Bombay HC (2025) — LawSathi Research

Sushila Shishupal Hajare vs the State of Maharashtra Thr Pso Ps Ajani Dist. Nagpur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of execution of the sentence passed in R.C.C. No.1193/2012 (order dated 06/01/2016, Additional Chief Judicial Magistrate, Nagpur, confirmed by Additional Sessions Judge-5, Nagpur dated 03/03/2025 in Criminal Appeal No.37/2016) till final disposal of the revision application; applicant to be released on bail on executing P.R. Bond of Rs.25,000/- with one surety in the like amount.

Issue for consideration

Whether the applicant has made out arguable points from the impugned judgment of conviction such that the application for suspension of execution of the sentence deserves to be allowed. +1 more

Court's answer

The applicant has made out arguable points from the impugned judgment and the punishment imposed is of a limited period; hence the application deserves to be allowed.

Ratio / Principle

Execution of the sentence passed in R.C.C. No.1193/2012 (order dated 06/01/2016 by the Additional Chief Judicial Magistrate, Nagpur, confirmed by the Additional Sessions Judge-5, Nagpur dated 03/03/2025 in Criminal Appeal No.37/2016) is suspended till final disposal of the revision application.

Key takeaways

The applicant – Smt. Sushila w/o Shishupal Hajare is to be released on bail on executing a P.R. Bond of Rs.25,000/- (Rupees Twenty Five thousand) with one surety in the like amount.ratio¶¶19

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench — Criminal Application No.100 of 2025 in Criminal Revision Application No.70 of 2025 (Smt. Sushila w/o Shishupal Hajare v. State of Maharashtra), Urmila Joshi-Phalke, J., April 28, 2025. The applicant had been convicted under Section 448 of the Indian Penal Code by the Additional Chief Judicial Magistrate, Nagpur in R.C.C. No.1193/2012 (order dated 06/01/2016), sentenced to 3 months rigorous imprisonment and a fine of Rs.1000/- (default: further RI 15 days), and the conviction was confirmed by the Additional Sessions Judge-5, Nagpur on 03/03/2025 in Criminal Appeal No.37/2016. Finding that the applicant had made out arguable points from the impugned judgment and that the punishment imposed was of a limited period, the Court allowed the application, suspended execution of the sentence till final disposal of the revision application, and directed release on bail on executing a P.R. Bond of Rs.25,000/- with one surety in the like amount. The revision was admitted, notice waived by the APP for the State, and R. & P. called for; the application stood disposed of.

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70.appr.100.25.odt

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

CRIMINAL APPLICATION NO.100 OF 2025 IN

CRIMINAL REVISION APPLICATION NO.70 OF 2025

(Smt. Sushila w/o Shishupal Hajare Vs. State of Maharashtra)

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. N.S. Padia, Advocate a/w Mr. B.H. Tekam, Advocate for the applicant.

Mr. M.K. Pathan, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J. DATED :- APRIL 28, 2025.

By this revision, the applicant has challenged the order passed by the Additional Chief Judicial Magistrate, Nagpur dated 06/01/2016 which is confirmed by the Additional Sessions Judge-5, Nagpur dated 03/03/2025 by which the applicant is convicted of the offence punishable under Section 448 of the Indian Penal Code and sentenced her to suffer rigorous imprisonment for 3 months and to pay fine of Rs.1000/- in default to suffer further rigorous imprisonment for 15 days.

Learned Counsel for the applicant submitted that the learned trial Court as well as the learned Appellate Court has not considered and appreciated the evidence in proper perspective. The applicant has every chance of success in the present revision. Moreover, the punishment imposed is of a limited period.

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70.appr.100.25.odt

Learned APP strongly opposed the application on the ground that the revision itself is devoid of merits and liable to be dismissed.

Considering that the applicant has made out an arguable points from the impugned judgement. Moreover, the punishment imposed is of a limited period. Hence, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

(i) The application is allowed.

(ii) The execution of the sentence passed in R.C.C. No.1193/2012 vide order dated 06/01/2016 by the Additional Chief Judicial Magistrate, Nagpur and confirmed by the Additional Sessions Judge-5, Nagpur dated 03/03/2025 in Criminal Appeal No.37/2016, is hereby suspended till final disposal of the revision application.

(iii) The applicant – Smt. Sushila w/o Shishupal Hajare be released on bail on executing P.R. Bond in the sum of Rs.25,000/(Rs. Twenty Five thousand) with one surety, in the like amount.

The application stands disposed of.

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70.appr.100.25.odt

CRIMINAL REVISION APPLICATION NO.70 OF 2025

Heard.

ADMIT .

Learned APP waives notice for the State.

Call for R. & P.

Place the revision before the Court for final disposal after receipt of R. & P.

(URMILA JOSHI-PHALKE, J.)

*Divya