Bombay High Court
Dnyaneshwar Dinkar Badave vs The State Of Maharashtra And Another on 23 December, 2022
Author: S. G. Mehare
Bench: S. G. Mehare
1 cran 4414.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4414 OF 2022
IN
CRIMINAL REVN NO.372 OF 2022
DNYANESHWAR DINKAR BADAVE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicant : Mr. Kolpe Mahendra B.
APP for Respondent 1 : Mr. A A Jagatkar
...
CORAM : S. G. MEHARE, J.
Dated: December 23, 2022
...
PER COURT :-
1. Learned counsel for the applicant submits that since
the applicant could not deposit the money as directed by
the learned Additional Sessions Judge, Osmanabad, he
was taken into custody. Thereafter, the applicant had
deposited the said amount as directed by the learned
Additional Sessions Court. However, the appeal was heard
on merit and the judgment of the trial court was
confrmed and conviction warrant was issued. The
applicant has a case that his defence has not been
appreciated properly. He has a good case on merit. He
never misused the bail. Hence, his sentence may be
suspended.
aaa/-
::: Uploaded on - 23/12/2022 ::: Downloaded on - 24/12/2022 23:56:57 :::
2 cran 4414.22.odt
2. Perused the application and the impugned order.
The applicant has grounds to contest the application. The
amount as directed by the learned Sessions Judge,
Osmanabad has been deposited. Hence, the sentence
deserves to be suspended.
ORDER
i. The sentence of imprisonment to suffer SI for 6 months passed by the learned 2nd Jt. Judicial Magistrate First Class, Osmanabad in SCC No.50 of 2014 dated 10.1.2019 and confrmed by the learned Additional Sessions Judge, Osmanabad in its order passed in Criminal appeal No.5 of 2019 dated 19.12.2022 is suspended till appearance of respondents.
ii. The applicant Dnyaneshwar Dinkar Badave be released on bail on executing PB & SB of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount.
iii. Bail before the learned Additional Sessions Judge, Osmanabad.
( S. G. MEHARE, J. ) ...
aaa/-
::: Uploaded on - 23/12/2022 ::: Downloaded on - 24/12/2022 23:56:57 :::