1/3 EOB.1.Appr.376.19.odt

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION NO. 376 OF 2019

(Rajesh Pundlikrao Fiske V/s The State of Maharashtra)

Office Notes, Office

Memoranda of Coram,

Appearances, court’

s

orders or directions and

Prothonotary’

s orders

Court’

s or Judge’s orders

Mr. E. W. Nawab, Advocate for Applicant.

Mr. Amit Chutke, APP for Respondent – State.

---------

CORAM : MRS. SWAPNA JOSHI, J.

DATE : DECEMBER 3, 2019.

.

By this Application, the Applicant is seeking suspension

of jail sentence imposed upon him by the learned Judicial Magistrate

First Class, Katol, District Nagpur on 11/6/2013 in Regular Criminal

Case No. 68 of 2011 and the Additional Sessions Judge, Nagpur on

13/11/2019 in Criminal Appeal No. 185 of 2013 and to release him

on bail.

2.

The Applicant – Accused is convicted for the offence

punishable under Section 326 of Indian Penal Code by the learned

Judicial Magistrate First Class, Katol and sentenced to suffer rigorous

imprisonment for two years and to pay a fine of Rs. 2000/-, in

default of payment of fine amount, sentenced to suffer further simple

imprisonment for one month. The learned Additional Sessions

Judge, Nagpur has partly allowed the Appeal filed by the Applicant

and reduced the sentence imposed by the Judicial Magistrate First

2/3 EOB.1.Appr.376.19.odt

Class, Katol and sentenced to suffer rigorous imprisonment for four

months and fine amount imposed by the learned Magistrate was

maintained.

3.

I have heard Mr. Nawab, the learned Counsel for the

Applicant and Mr. Chutke, the learned APP for the Respondent –

State.

4.

The learned Counsel for Applicant submits that the

Applicant was on bail during the pendeny of trial before the learned

Judicial Magistrate First Class, Katol as well as during the pendency

of Criminal Appeal before the learned Additional Sessions Court,

Nagpur. The learned Counsel for Applicant submits that Applicant has

deposited the fine amount in the trial court.

5.

The learned APP has formally opposed to grant

suspension of sentence and grant of bail to the Applicant.

6.

Considering the nature of offence and considering the

fact that during the trial period Applicant was on bail and has not

misused the liberty granted to him, the Applicant is entitled to be

released on bail and sentence imposed upon him is required to be

suspended. Hence the following order.

ORDER

(A) Criminal Application is allowed.

(B) The substantive jail sentence imposed against the Applicant by

the learned Judicial Magistrate First Class, Katol, District

Nagpur on 11/6/2013 in Regular Criminal Case No. 68 of

3/3 EOB.1.Appr.376.19.odt

2011 and the Additional Sessions Judge,Nagpur on

13/11/2019 in Criminal Appeal No. 185 of 2013 for the

offence punishable under Section 326 of Indian Penal Code is

hereby suspended during the pendency of the present Criminal

Revision.

(C) The Applicant shall be released on the same conditions on

which he was released by the learned trial court.

(D) The Applicant shall remain personally present before this

Court at the time of final hearing of the present Revision.

7.

The Criminal Application stands disposed of accordingly.

CRIMINAL REVISION NO. 281 OF 2019

.

Matter to appear on board on 17^th December, 2019.

(MRS. SWAPNA JOSHI, J.)

Yadav VG