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2013 Supreme(Bom) 13

ABHAY M.THIPSAY
Rizwan Nabi Qureshi – Appellant
Versus
State of Maharashtra – Respondent


ORDER

1. The applicant was arrested and produced before the Magistrate along with a charge-sheet alleging commission of offences punishable under sections 145(b) and 147 of the Railways Act 1989. The applicant pleaded guilty before the Magistrate. On his plea, the Magistrate convicted him and sentenced him to suffer S.I for a period of one month and to pay a fine of Rs.1500/- in default to suffer S.I for 15 days.

2. Being aggrieved by the conviction and sentence imposed upon him by the learned Magistrate, the applicant approached the Court of Sessions by filing an appeal. The Court of Sessions admitted the appeal, and directed the release of the applicant on bail by suspending the sentence till the disposal of the appeal. However, when the appeal was finally heard, it came to be dismissed. The learned Addl. Sessions Judge who heard the appeal, was of the view that since the applicant had pleaded guilty, the appeal was barred by the provisions of section 375 of the Code of Criminal Procedure (hereinafter referred to as the Code for the sake of brevity). Being aggrieved by the dismissal of his appeal, the applicant has approached this Court by filing the present revision application.


























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