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[Cites 2, Cited by 4]

Bombay High Court

Bharat Balbhim Shelke vs The State Of Maharashtra on 30 April, 2019

Author: P.R. Bora

Bench: P.R. Bora

                                                            944-REVN-138-2019.odt
                                    (1)


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

     944 CRIMINAL REVISION APPLICATION NO.138 OF
     2019 WITH APPLN/1576/2019 IN REVN/138/2019

                      BHARAT BALBHIM SHELKE
                               VERSUS
                     THE STATE OF MAHARASHTRA
                                  ...
              Advocate for Applicant : Mr. More Abhijit S.
             APP for Respondent/State : Mr. A.A. Jagatkar
                                  ...

                                   CORAM : P.R. BORA, J.
                                 DATED : 30 th APRIL, 2019.


 PER COURT:-

 .                Heard Shri More, the learned counsel appearing

 for the applicant and Shri Jagatkar, the learned APP for the

 respondent-State.


 2.               The applicant was convicted by the J.M.F.C. Court

 in R.C.C. No.31 of 2011 for the offence punishable under

 Section 324 and 504 of the Indian Penal Code and was

 sentenced to suffer S.I. for three months with a fine of

 Rs.3,000/- for the offence punishable under Section 324 of

 the Indian Penal Code whereas, with the same punishment

 for the offence punishable under Section 504 of the Indian

 Penal Code. Though the applicant preferred Criminal Appeal

 No.130 of 2014, no interference is caused by the learned

 Additional Sessions Judge and the order of conviction passed


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                                                                       944-REVN-138-2019.odt
                                          (2)


 by the Trial Court is maintained as it is. Aggrieved by, the

 present revision application is filed.


 3.               Having       regard    to     the   fact    that      short       term

 sentence is imposed upon the applicant and on perusal of

 the judgment, there appears substance that certain aspects

 which are raised by the applicant in the revision requires

 consideration.            I deem it appropriate to pass the following

 order:

                                        ORDER

i) Issue notice to the respondents, returnable after vacation. Call record and proceedings.

ii) The execution of the sentence imposed upon the applicant by the Trial Court, which has been confirmed by the Sessions Court shall stand stayed till decision of the present revision application.

iii) The applicant be released on his executing P.R. Bond in the amount of Rs.25,000/- with one or more sureties in the like amount.

iv) Criminal Application No.1576 of 2019 stands disposed of.

(P.R. BORA, J.) Mujaheed// ::: Uploaded on - 30/04/2019 ::: Downloaded on - 03/05/2019 00:55:22 :::