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BOMBAY HIGH COURT
Bharati Dangre, J
Vishwajit Eknath Humne – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction details and background facts of the case. (Para 1 , 6 , 7) |
| 2. court's observations on the implications and standards for conviction suspension. (Para 3 , 8 , 10 , 18) |
| 3. arguments on the grounds for suspension of the conviction. (Para 4 , 12) |
| 4. legal reasoning behind allowing the suspension of conviction. (Para 16 , 19) |
| 5. final decision to suspend the conviction pending appeal. (Para 23 , 24) |
1. In Criminal Revision Application Stamp No.6793/2022 applicant accused stand convicted and sentenced by the Judicial Magistrate, First Class, Court No.3, Nagpur for the offence punishable under Sections 304-A , 186 and 283 of the Indian Penal Code . He assailed the said judgment of conviction before the Additional Sessions Judge, Nagpur and moved two applications; in application at Exh.-5 he prayed for suspension of sentence and grant of bail being preferred under Section 389(1) of the Criminal Procedure Code and vide application at Exh.-6 he prayed for grant of stay to the conviction as per Section 386 read with Section 389 of the Criminal Procedure Code .
2. The Additional Sessions Judge, Nagpur by an order dated 18.7.2022 allowed the application at
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