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Satish S/O Wamanrao Kolhe vs The State Of Mah Thr Pso,Mangrul … on 11 February, 2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR

CRIMINAL APPEAL NO. 417/2017
WITH
CRIMINAL APPLICATION (APPA) NO.682/2017
(Ravindra @ Ravi s/o Sampatrao Madekar and others vs. The State of
Maharashtra: Through PSO P.S. Karanja (Ghadge) Karanja Dist. Wardha )
……………………………………………… …………………………………………………
Office Notes, Office Memoranda of
Coram, appearances, Court’s orders Court’s or Judge’s order
of directions and Registrar’s orders
………………………………………………………………………………………………
Mr. C.R.Thakur, Advocate for the appellant
Mr. N.H. Joshi, APP for respondent-State

CORAM : MRS.SWAPNA JOSHI, J.
DATED : 11th February, 2020

ANTICIPATORY BAIL

Heard Mr.S.V. Sirpurkar, learned counsel for the applicant and Mr.
I.J.Damle, learned APP for the respondent-State.

Issue notice to the non-applicant-State, returnable after two
weeks.

Mr Damle, learned APP waives notice on behalf of the non-
applicant/respondent.

In the meanwhile, in the the event of arrest of the applicant in
connection with Crime No. 598/2019 registered at Police Station
Shegaon City, Dist Buldana, for offences punishable u/ss. 394, 504, 506
of the Indian Penal code, he be released on bail on furnishing PR bond
in the sum of Rs. 30,000/- (rupees thirty thousand) with one or more

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solvent sureties in the like amount and subject to the conditions that
he shall attend the concerned police station on every Monday and
Friday between 10.00 am and 2.00pm; and shall not tamper with the
prosecution witnesses and shall cooperate with the investigating
machinery.

Put up after two weeks.

CRIMINAL APPLIDELAY CONDONED.

This is an Application seeking condonation of delay of
days in filing the Appeal.
Heard both sides. Perused the contents of the Application.
On a perusal of the same, I am satisfied that the delay is properly
explained and sufficient ground is made out for condoning the
delay.
In view thereof, the delay in filing the Appeal is condoned.
The Criminal Application is allowed and disposed of.
The Appeal be registered. The same be listed for admission
after two weeks.

CRIMINAL APPLICATION (APPR) NO.251/2019
By this Application, the applicant prays for suspension of jail
sentence imposed upon him by the learned Sessions Judge, Akola,
in Cri. Appeal No. 138/2016 dated 13.08.2019, and grant of bail.

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The applicant has been convicted for the offence punishable
under Section 452, 354, 323 and 506 of the IPC by learned
Judicial Magistrate,First Class, the judgment of which came to be
confirmed by the lower Appellate Court.

I have heard Shri P.S. Girdekar, learned counsel for the
applicant and Mr. T.A. Mirza, learned A.P.P. for the respondent.

The applicant was on bail during the pendeny of trial. Even
after the judgment and order of conviction, the learned trial Court
has suspended the jail sentence and the applicant was released on
bail.
Taking into consideration the nature of allegations against
the applicant, also the fact that the applicant was on bail during
the trial as well as appeal, and the substantive jail sentence was
already suspended and he was released on bail by the learned
trial Judge, I am of the view that the applicant is entitled to
suspension of jail sentence and grant of bail. Hence the following
order:
ORDER:

1) Criminal Application No. 251/2019 is allowed.

2) The substantive jail sentence imposed against the applicant
by the learned Sessions Judge Akola in Cri.Appeal No. 138/2016
dated 13.08.2019 shall remain suspended during the pendency of
the present Revision.

3) The applicant shall be released on bail by executing fresh
bonds of the same amount as in the trial court.

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4) The learned Judge before whom the bail bonds will be
executed shall ensure that before execution of the bail bonds, the
entire fine amount is deposited by the applicant.

The Application stands disposed of.

CRIMINAL APPEAL NO. /2017
Heard.

Admit.

Call R P.

Mr. N.H. Joshi, the learned APP waives notice on behalf of
the respondent.

ANTICIPATORY BAIL CONFIRMED

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CORAM : MRS.SWAPNA JOSHI, J.

DATED : 9th December, 2019.

Heard learned counsel for the respective parties.

2. By way of this Application, the applicant has applied for
anticipatory bail for offence punishable under Section 498A, 306, 504
read with section 34 of IPC, in connection with Crime No.313/2019
registered at Shivajinagar Police Station Tq. Khamgaon Dist.Buldana.

3. Perused the contents of the Application, so also the reply
tendered by the respondent-State. The allegations against the
applicant are that he ill-treated his wife and used to harass her for
bringing the amount of Rs. 1 lakh from her parents, for the purpose of
repairs of his house and for purchase of a motorcycle. It is further
alleged that her brother said that he would pay the amount as and
when it will be arranged and as the said demand was not fulfilled, due
to the alleged ill-treatment, the deceased was constrained to commit
suicide.

4. The learned Advocate for the applicant submits that the
marriage between the applicant and the deceased had taken place as
far back as 2004. There are two children out of the said wedlock. The
applicant is serving as a teacher in Zilla Parishad School at
Garadgaon Tq. Khamgaon Dist. Buldana. He submits that the
allegations are of general in nature and since the applicant is in service
he is competent to carry out the repair work to his house so also
purchase the motorcycle. It is pointed out that the incident of suicide
had taken place on 14.10.2019 whereas the FIR was lodged on
18.10.2019. He contended that a false report has been lodged against
the applicant.

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5. Learned APP submits that statements of the relevant
witnesses who are relatives, have been recorded by the Investigating
agency, spot panchnama is conducted, so also necessary investigation is
carried out.

6. Considering the nature of offence, allegations made
against the applicant and also considering that the in-laws of the
deceased are already released on anticipatory bail and further
considering that the investigation is almost complete, the custodial
interrogation of the applicant is not at all required as such. Hence, in
my view, the applicant can be released on anticipatory bail by
imposing certian conditions. Hence the order:-

ORDER.

Criminal Application No.777/2019 is allowed. In the the event
of arrest of the applicant in connection with Crime No313/2019
registered at Police Station Shivajinagar, Tq.Khamgaon Dist. Buldana,
for offences punishable u/ss. 498A, 306, 504 r/ws.34 IPC, he be
released on bail on furnishing PR bond in the sum of Rs. 25,000/-
(rupees twenty five thousand) with one or more solvent sureties in the
like amount and subject to the conditions that he shall attend the
concerned police station as and when required and shall not tamper
with the prosecution witnesses and shall cooperate with the
investigating machinery.

The Criminal Application stands disposed of.

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CRIMINAL APPLICATION (APPA) NO.682/2017
By this Application, the applicants pray for suspension of jail
sentence imposed upon him by the learned Special Judge, dated
28.6.2017, in Special (Ch) Case No. 14/2014 and grant of bail.

The applicant is convicted for the offence punishable under
Section 4 of the Protection of Children from Sexual Offences
Act, 2012 and sentenced to suffer RI for seven years and to pay
a fine of Rs. 1000/-, in default, to suffer SI for thirty days.

I have heard Shri S.K.Bhoyar, the learned counsel for the
applicant and Mr. S.B.Bissa, the learned A.P.P. for the respondent.

The applicant was on bail during the pendeny of trial. Even
after the judgment and order of conviction, the learned trial Court
has suspended the jail sentence and the applicant was released on
bail.

Taking into consideration the nature of allegations against
the applicant, also the fact that the applicant was on bail during
the trial and the substantive jail sentence was already suspended
and he was released on bail by the learned trial Judge and also
considering that it would not be possible to take up the hearing of
the Appeal finally by this Court in the near future, due to
pendency of old matters, I am of the view that the applicant is
entitled to suspension of jail sentence and grant of bail. Hence
the following order:

ORDER:

1) Criminal Application No. 540 /2017 is allowed.

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2) The substantive jail sentence imposed against the applicant
by the learned Special Judge for POCSO, Wardha in Spl. (Ch)
Case No.14/2014 dated 28th June, 2017 shall remain suspended
during the pendency of the present Appeal.

3) The applicant shall be released on bail by executing fresh
bonds of the same amount as in the trial court.

4) The learned Judge before whom the bail bonds will be
executed shall ensure that before execution of the bail bonds, the
entire fine amount is deposited by the applicant.

5) The applicant shall remain personally present before this
Court at the time of final hearing of the Appeal.

The Application stands disposed of.

………………

(1) NOTICE
CRIMINAL APPEAL NO. /2017
Heard.
Admit.
Call R P.

Mr. N.H. Joshi, the learned APP waives notice on behalf of
the respondent.

(2) NON-BAILABLE WARRANT
Issue non-bailable warrant against the respondent

no…..through Police Station Officer,…… The non-bailable warrant
shall be issued against the respondent by fax also.

Stand over to …………….

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(3) BAILABLE WARRANT

Issue bailable warrant against the respondent No…… in the
sum of Rs………….. through Police Station Officer, returnable
on…………The bailable warrant shall also be issued against the
respondent by fax also.

Stand over to……

………….

Leave granted to file Appeal:

Respondent absent though served. Even on last occasion, he
remained absent.

By means of this Application, the applicant has sought leave
to file Appeal against the order dated 10 th November, 2017
delivered by learned 25th Judicial Magistrate, First Class, Nagpur,
dismissing the complaint filed by the applicant under section
138 of the Negotiable Instruments Act.

Heard Shri N.V.Fulzele, learned counsel for the applicant. I
have considered the grounds of challenge mentioned in the
Appeal and I am satisfied that a case is made out for grant of
leave. Hence, leave is granted. Appeal be registered.
APPEAL…………/2018
This Appeal is filed under section 374(2) of the Cr.P.C.
Heard learned counsel for the appellant.
Admit.

Call R P.

Learned APPP.waives service of notice on behalf of
respondent no.1

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APPA:

This Application is filed for suspension of jail sentence and for
grant of bail.

Heard learned counsel for the parties.
Issue notice to the non-applicant state.
Learned APP waives notice on behalf of respondent-State.
List the application after two weeks.
Paperbook:

In view of the office Circular No.3222/2015, dated 24 th June
2015, counsel for the appellant/s is directed to file private paper-book
within a period of four weeks.

U/s. 138 Application

Mr. J.B.Gandhi, learned counsel for the applicant submits that the
issue, whether the appeal against acquittal in prosecution for the
offence punishable u/s.138 of the Negotiable Instruments Act, 1881
would lie u/s. 378(4) of the Cr.P.C. or would be as per proviso below
Section 372 of the Cr.P.C.? in Cri.Appa. No.201/2018 dated 30.10.2018
is referred to the Hon’ble the Chief Justice.

Hence, stand over after six weeks.

MEDIATOR APPOINTED:

Learned counsel appearing on behalf of respective
parties submit that the matter be referred for mediation as

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there is every possibility of an amicable settlement and also
recommended the name of Mr.A.V.Bhide, Advocate as
mediator.

In the circumstances, High Court Legal Service Sub-
Committee, Nagpur to take steps and appoint above-named
Advocate as mediator,
The parties shall appear before the learned mediator
on 12th April,2019 at 2.00 p.m.
Stand over after four weeks for interim mediation
report.

Copy of this order be sent to the High Court Legal
Services Sub-committee, Nagpur.

BAIL ANTICIPATORY U/S 14 of sc st act
By means of this Appeal filed under section 14A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, the appellant is challenging the order dated 19.3.2019
passed by learned Additional Sessions Judge, Kelapur in Misc.
Criminal Application No.50/2019 rejecting her anticipatory bail
application.

I have heard learned counsel for the respective parties. It
can be gathered that the incident in question had taken place on
12.2.2019 whereas the first information report came to be lodged
on 16.3.2019 on the allegation that there was a dash to the car of
the complainant by the car which was occupied by appellant.
Thereafter there was a quarrel between them whereby it is
alleged that the appellant has abused the complainant by referring
to her caste.

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Issue notice to the respondents, returnable after four
weeks. Mrs. A.R. Kulkarni, learned APP waives notice on behalf of
respondent no.1-State and Mr. Lambat,learned Advocate waives
service on behalf of respondent no.2.

In the interregnum, in the event of arrest of the appellant
Smt. Priya w/o Raju Todsam @ Priya Ashok Shinde in
connection with Cr. No. 196/2019 registered at Pandharakwada
Police Station, Tah.Kelapur Dist. Yavatmal, for the offences
punishable under sections 279, 294 and 506 of the IPC read with
Section 3(2) of the Atrocities Act 1989, she shall be released on
bail on executing a PR bond in the sum of Rs. 10,000/- with one
solvent surety of the like amount. The appellant shall attend the
Police station as and when called by the Investigating agency. The
Investigating Officer shall give 48 hours written notice to the
appellant if her presence is required in the Police Station. The
appellant shall cooperate with the investigation officer.

Put up after four weeks.

….

CRIMINAL REVISION NO. 196/2019

Heard.

Issue notice to respondent, returnable after two weeks.
Call R P.

Mr. T.A. Mirza, learned APP waives service on behalf of the
respondent.

CRIMINAL APPLICATION (APPR) NO.251/2019

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By this Application, the applicant prays for suspension of jail
sentence imposed upon him by the learned Sessions Judge, Akola,
in Cri. Appeal No. 138/2016 dated 13.08.2019, and grant of bail.

The applicant has been convicted for the offence punishable
under Section 452, 354, 323 and 506 of the IPC by learned
Judicial Magistrate,First Class, the judgment of which came to be
confirmed by the lower Appellate Court.

I have heard Shri P.S. Girdekar, learned counsel for the
applicant and Mr. T.A. Mirza, learned A.P.P. for the respondent.

The applicant was on bail during the pendeny of trial. Even
after the judgment and order of conviction, the learned trial Court
has suspended the jail sentence and the applicant was released on
bail.

Taking into consideration the nature of allegations against
the applicant, also the fact that the applicant was on bail during
the trial as well as appeal, and the substantive jail sentence was
already suspended and he was released on bail by the learned
trial Judge, I am of the view that the applicant is entitled to
suspension of jail sentence and grant of bail. Hence the following
order:

ORDER:

1) Criminal Application No. 251/2019 is allowed.

2) The substantive jail sentence imposed against the applicant
by the learned Sessions Judge Akola in Cri.Appeal No. 138/2016
dated 13.08.2019 shall remain suspended during the pendency of
the present Revision.

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3) The applicant shall be released on bail by executing fresh
bonds of the same amount as in the trial court.

4) The learned Judge before whom the bail bonds will be
executed shall ensure that before execution of the bail bonds, the
entire fine amount is deposited by the applicant.

The Application stands disposed of.

CRI. APPLICATION (APPR) NO.262/2019.

This is an application seeking dispensing with the
filing of certified copy of judgment and order dated 30.08.2016.

For the reasons mentioned in the Application, the Criminal
Learned Advocate undertakes to collect the paperbook in this
week itself. If he fails to do so, costs of Rs. 1000/- (Rupees one
thousand) would be imposed.

Stand over after two weeks.

Application is allowed in terms of its prayer.

….

CRIMINAL REVISION NO. 200/2019

Heard.

Issue notice to respondent, returnable after two weeks.
Call R P.

Mr. I.J. Damle, learned APP waives service on behalf of the
respondent.

CRIMINAL APPLICATION (APPR) NO.260/2019

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By this Application, the applicant prays for suspension of jail
sentence imposed upon him by the learned Sessions Judge,
Gadchiroli, in Cri. Appeal No. 02/2018 dated 17.08.2019, and
grant of bail.

The applicant has been convicted for the offence punishable
under Section 65E and Section 83 of the Maharashtra Prohibition
Act 1949 and confirmed by the learned Sessions Judge Gadchiroli
in Criminal Appeal No.02/2018 dated 17.08. 2019. The applicant
was sentenced to suffer RI for three years and to pay a fine of Rs.
25,000/- in default, RI for two months. The applicant was
further convicted for offence punishable u/s 83 of the
Maharashtra Prohibition Act and was sentenced to suffer RI for
three years.

I have heard Shri A.J. Thakkar, learned counsel for the
applicant and Mr. I.J. Damle, learned A.P.P. for the respondent.

The learned Advocate for the applicant submits that the
applicant has deposited the fine amount of Rs. 25,000/- in the
trial Court. It is submitted that during the trial as well as before
the lower appellate Court proceeding, the applicant was on bail
and he has not misused the bail.

Taking into consideration the nature of allegations against
the applicant, I am of the view that the applicant is entitled to
suspension of jail sentence and grant of bail. Hence the following
order:

ORDER:

1) Criminal Application No. 260/2019 is allowed.

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2) The substantive jail sentence imposed against the applicant
by the learned Sessions Judge Gadchiroli in Cri.Appeal No.
02/2018 dated 17.08.2019 shall remain suspended during the
pendency of the present Revision.

3) The applicant shall be released on bail by executing fresh
bonds of the same amount as in the trial court.

The Application stands disposed of. Hamdast granted.

CRI. APPLICATION (APPR) NO.261/2019.

This is an application for grant of time to file
certified copy of the judgment dated 8.1.2018 in Summary Cri.
Case No. 398/2017 and memo of Cri.Appeal No.2/2018.

For the reasons mentioned in the Application, the Criminal
Application is allowed in terms of its prayer.

COSTS TO BE IMPOSED.

Learned Advocate undertakes to collect the
paperbook in this week itself. If he fails to do
so, costs of Rs. 1000/- (Rupees one thousand)
would be imposed.

Stand over after two weeks.

COST IMPOSED.

Learned Advocate undertakes to collect
the paperbook in this week itself. If he fails to
do so, costs of Rs. 1000/- (Rupees one

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thousand) be deposited with the High Court
Bar Association Library, Nagpur.

Stand over after two weeks.

JUDGE
Sahare

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