1 Order passed below Exh. 03 in Cri.Appeal No.

17/2023

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, BHOKAR.

MHND110004512023

CRIMINAL APPEAL NO. 17/2023

Shivraj Vs. The State of Mah. + 01

Order below Exh.03

01] This is an application by the appellant for suspension of sentences

passed by the learned Magistrate till the decision of the appeal.

02] On behalf of the respondent 1, learned APP opposed the application

by filing her reply over leaf the application.

03] Respondent No.2 by filing reply vide Exh. 05 prayed for

dismissing the appeal. She has not stated anything about the application
for suspension of sentence.

04] Heard learned Counsel for the appellant and learned APP for the
State. Perused the application, reply and the impugned judgment. It is the
submission of learned Counsel for the appellant that the learned Trial
Court is empowered to sentence the accused only for 03 years
imprisonment and to impose the fine only of Rs. 50,000/-, but in the case
in hand, the learned Trial Court has exceeded its limit and imposed the
aggregate sentence of imprisonment of 06 years and total fine of Rs.
1,51,000/- and therefore, the sentence of imprisonment and fine needs to
be suspended. On going through the provisions of section 29 and 31 of
 2 Order passed below Exh. 03 in Cri.Appeal No. 17/2023

the Code and section 71 of the Indian Penal Code, I do not find substance
in the submission of learned Counsel for the appellant. The sentences of
imprisonment and fine passed by the learned Magistrate is permissible as
per the provisions of section 29 and 31 of the Code. But, considering the
fact that appellant is challenging the judgment of conviction and the
appeal would take sufficient time in disposal, it would be just and proper
to suspend the sentence of imprisonment and to release the accused on
bail till the decision of the appeal. I, therefore, proceed to pass following
order:-

ORDER

01] The substantive sentences of imprisonment shall be deemed to be

suspended till the disposal of appeal on depositing the total fine
amount of Rs.1,51,000/- (Rs. One lakh fifty one thousand only).

02] In the event appellant deposits fine amount of Rs. 1,51,000/- (Rs.
One lakh fifty one thousand only) before the Trial Court or before
this Court, he be released on execution of P.R. bond of Rs.15,000/-
(Rs. Fifteen thousand only) and on furnishing surety bond in like
amount.
Digitally
03] Inform Trial court accordingly. signed by
RAJESHWAR
RAJESHWAR D GADWE
D GADWE Date:
2023.08.16
17:33:49
+0530

Date :- 16-08-2023. ( R.D.Gadwe)

Addl. Sessions Judge, Bhokar.
 3 Order passed below Exh. 03 in Cri.Appeal No. 17/2023

CERTIFICATE

I affirm that the contents of this P.D.F file order are same word to
word, as per the original order.

Name of the Stenographer : Y.S. Kausadikar, Steno Grade-2

Court Name
Date
Judgment signed by the
Presiding Officer on
Judgment uploaded on
: District Judge-1 & ASJ Bhokar
: 16-08-2023.
: 16-08-2023.
: 16-08-2023.