1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application No. 61 of 2011 Madhukar Madhuprasad Chainaya Birya and another ..VERSUS.. State of Maharashtra, though P.S.O., P.S., Gondia (Rural), Dist. Gondia. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. M. V. Samarth, Advocate for the applicants. Mr. P. V. Bhoyar, A.P.P. for the respondent/State. CORAM : Prasanna B. Varale, J. DATED : 28 th April , 2011 . Heard. Issue notice to the respondent/State, returnable on 23/6/2011. Mr. Bhoyar, learned APP waives notice on behalf of the State and seeks time to take instructions and file reply. Time is granted. In the meantime call for R & P. Criminal Application (APPR) No. 78/2011. By the present application, the applicants are seeking suspension of sentence awarded by the learned Chief Judicial Magistrate, Bhandara and confirmed in appeal by the learned Ad-hoc Additional Sessions Judge, Gondia. Mr. Samarth, learned Advocate for the applicants submitted that apart from the other grounds challenging the judgment and order passed by the courts below that the learned courts below have not appreciated the fats and evidence of the matter in its proper 2 perspective, the ground raised by the applicants is that the courts below have failed to appreciate that the applicants, who are the elected members of the Employees Credit Co-operative Society and prosecuting them under Section 408 of I.P.C., was erroneous. The learned Advocate has submitted that applicant no.1 is the employee of I.T.I., Gondia and applicant no.2 is the employee of I.T.I., Warora, Dist. Chandrapur. He also submitted that even looking to the span of the sentence, which is 2 years of imprisonment and it will take reasonable time to hear the revision application, the sentence be suspended. In view of the submissions of learned Advocate for the applicants and for the reasons stated in the application, Cri. application (APPR) No. 78/2011 is allowed. The sentence awarded by the learned Chief Judicial Magistrate, Bhandara and confirmed by the learned Ad-hoc Additioinal Sessions Judge, Gondia, is hereby suspended during the pendency of the revision. JUDGE Diwale