Bombay High Court
APPA/1185/2022 of RAJU S/O HIRAMAN KOSARE Vs STATE OF MHA. THR. PSO DURGAPUR DIST.CHANDRAPUR on 30 December 2022
909.2022 IN THE
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1 4 CRI APPEAL 909.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 909 OF 2022Raju s/o Hiraman Kosare
..vs..
State of Maharashtra, thr. P.S.O. Durgapur
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mahesh Rai, Advocate for the appellant/applicant. Shri Deshpande, A.P.P. for Non-applicant/State.
CORAM : VINAY JOSHI, J.DATED : 30.12.2022.
CRIMINAL APPLICATION NO. 1185 OF 2022.
Heard.
2. The applicant/accused is seeking for condonationof delay of 105 days caused in filing appeal to challengethe order of conviction. The applicant/appellant wouldsubmit that due to financial crisis, he was unable toengage Counsel and file the appeal.
3. Having regard to above facts, application standsallowed. Delay is condoned. The appeal be registered andnumbered accordingly.
4. The application stands disposed of.
CRIMINAL APPEAL NO. 909 OF 2022
Heard.
2. ADMIT.
3. Learned A.P.P. waives notice on behalf of the non- applicant/State.
Heard.
2. The applicant/appellant is seeking for suspensionof execution of sentence during pendency of the appeal.The appellant/applicant was convicted by the Trial Courtfor the offence punishable under Section 353, 504 and506 of the Indian Penal Code. The maximum sentenceimposed by the Trial Court is to suffer rigorousimprisonment for one year and to pay total fine ofRs.2,000/-.
3. Perused the evidence and the reason assigned bythe Trial Court while returning the findings of guilt. TheTrial Court has suspended the execution of sentenceduring pendency of the appeal.
4. Considering the nature and gravity of offence,execution of substantive sentence stands suspended tilldisposal of the appeal on condition that theappellant/applicant shall deposit entire fine amount in theTrial Court within four days from today failing which thisorder of suspension stands revoked.
5. The Trial Court shall ensure deposit of entire fineamount before accepting the surety. amount before accepting the surety.
6. The application stands disposed of.
(VINAY JOSHI, J.)