RIZWAN NABI QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant was arrested and produced before the Magistrate along with a charge-sheet alleging commission of offences punishable under sections 145(b) and 147 of the Railways Act 1989. The applicant pleaded guilty before the Magistrate. On his plea, the Magistrate convicted him and sentenced him to suffer S.I. for a period of one month and to pay a fine of Rs. 1500/- in default to suffer S.I. for 15 days. Being aggrieved by the conviction and sentence imposed upon him by the learned Magistrate, the applicant approached the Court of Sessions by filing an appeal. The Court of Sessions admitted the appeal, and directed the release of the applicant on bail by suspending the sentence till the disposal of the appeal. However, when the appeal was finally heard, it came to be dismissed. The learned Addl. Sessions Judge who heard the appeal, was of the view that since the applicant had pleaded guilty, the appeal was barred by the provisions of section 375 of the Code of Criminal Procedure (hereinafter referred to as "the Code" for the sake of brevity).

(2.) When the matter appeared before this Court on 21 December 2012, this Court (Coram: K.U. Chandiwal, J) directed that the revision shall be heard finally at the admission stage itself. That is how the matter today appears before me.

(3.) I have gone through the revision application and the annexures thereto. I have heard and considered the submissions made by the learned counsel for the applicant.