SHOBHA v. THE STATE OF MAHARASHTRA
Case at a glance
Outcome
Partly allowed
(i) The application is partly allowed
Provisions considered
Key paragraphs
- Para 33. This is a case in which the learned Additional Sessions Judge did not follow Section 418 of Cr.P.C. The applicant did not surrender till date. Whether in such a situation a sentence can be suspended was a question before this Court in Criminal Application…
Judgment
SHOBHA W/O BALU GAIKWAD VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant : Mr. Chormal Ajit B. APP for Respondent/State : Ms. V.N. Patil Jadhav ... CORAM : S.G. MEHARE, J. DATED : JUNE 07, 2023 PER COURT:-
Heard learned counsel for the applicant and learned APP for the State.
The applicant has been convicted for the offence punishable under Section 65(E) of Maharashtra Prohibition Act by the learned Judicial Magistrate First Class, Court No.3, Shrirampur in S.C.C. No.678 of 2019 dated 28.09.2020 and sentenced to suffer SI for three years. The learned Additional Sessions Judge, Shrirampur, District Ahmednagar confirmed the judgment of conviction in Criminal Appeal No.18 of 2020 by order dated 03.11.2022.
Operative part
This is a case in which the learned Additional Sessions Judge did not follow Section 418 of Cr.P.C. The applicant did not surrender till date. Whether in such a situation a sentence can be suspended was a question before this Court in Criminal Application 946-appln-3985-2022.odt (2) No.3373 of 2022 in Criminal Revision Application No.301 of 2022. This Court has referred that issue to the Hon’ble Division Bench. Therefore, the applicant is entitled to temporary suspension of sentence till the referred issue is decided by the Hon’ble Division Bench. Hence, the following order : ORDER (i) The application is partly allowed. (ii) The execution, implementation and effect of the sentence to suffer SI for three years for the offence punishable under Section 65(E) of Maharashtra Prohibition Act by the learned Judicial Magistrate First Class, Court No.3, Shrirampur in S.C.C. No.678 of 2019 dated 28.09.2020 and confirmed by the learned Additional Sessions Judge, Shrirampur in Criminal Appeal No.18 of 2020 by order dated 03.11.2022 is temporarily suspended till the issue referred to the Hon’ble Division Bench is decided or the revision is decided, as the case may be. (iii) The applicant shall be released on temporary bail on executing P.B. and S.B. of Rs.50,000/- (Rs. fifty thousand) with one solvent surety of the like amount till the issue referred to the Hon’ble Division Bench is decided on merit. (iv) Bail before the learned Additional Sessions Judge, Shrirampur. 946-appln-3985-2022.odt (3) (v) List the matter in due course. (S.G. MEHARE, J.) Mujaheed//
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: (i) The application is partly allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 418.
Which court decided this case, and when?
Bombay High Court, on 07 Jun 2023. The bench was S G MEHARE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.