CHANDRAKANT PRALHADRAO BIRADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

(2.) The applicant is seeking suspension of sentence imposed upon him to suffer rigorous imprisonment for three years for the offence punishable under Sec. 354A of the Indian Penal Code and simple imprisonment for three years each for the offences punishable under Ss. 452 and 506 of the Indian Penal Code, by the learned Judicial Magistrate First Class, Court No.4, Udgir, by his judgment and order in Regular Criminal Case No.256 of 2018 dtd. 30/3/2019 and confirmed by the learned Additional Sessions Judge, Udgir, by his judgment and order in Criminal Appeal No.7 of 2019, dtd. 15/5/2023.

(3.) Though this Court had circulated a judgment passed in Criminal Revision Application No.318 of 2022 with Application No.3633 of 2022 ( Sambhaji Digambar Kachgund vs The State Of Maharashtra ) dtd. 3/5/2023, as regards the procedure to be followed after dismissal of the appeal. The learned Additional Sessions Judge, Udgir appears to have not followed it and instead of taking the accused into custody for sending him to undergo the sentence, he left the accused without any orders.