NAVSHAKTI COMBINED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) THIS application is directed against the order dated 2nd November 2007 passed by the learned Sessions Judge, Gr. Mumbai granting conditional stay for the sentence imposed on the applicant by the learned Metropolitan Magistrate, 7th Court, Dadar vide order dated 8th October 2007 passed in Case No.1172/S/2003.

(3.) THE applicants have been convicted. They have applied for suspension of sentence pending appeal. The learned Sessions Judge had discretion in suspending the sentence and/or granting of a bail subject to such conditions for suspension of the sentence as he thought fit. The learned Sessions Judge has been lenient in imposing a condition of depositing only 20% of the amount of fine as a condition for suspension of sentence and/or bail. In any event, the discretion exercised by the learned Sessions Judge does not call for any interference at the hands of this court.