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2021 (9) TMI 253

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..... this Court, dismissing the criminal petition. This Court is not sitting in appeal against the dismissal of the criminal petition. As the facts and circumstances of the case stand, the Appellate Court modified its earlier order, after the same has been confirmed by this Court, which is not proper and cannot be upheld - Petition allowed. - CRL.P. NO.101713/2019 - - - Dated:- 20-7-2021 - THE HON'BLE MRS.JUSTICE M.G.UMA FOR THE PETITIONER : SRI K L PATIL, ADV. FOR THE RESPONDENT : SRI VITTHAL S. TELI, ADV. ORDER Though the matter is listed for admission, with the consent of learned counsel for parties, it is taken up for final disposal. 2. Petitioner/complainant is before this Court seeking to quash the impugne .....

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..... the impugned judgment of conviction and order of sentence passed by the trial Court by preferring the appeal in Crl.A.No.196/2018 before the learned Appellate Court. The accused has moved an application seeking suspension of sentence, passed in C.C.No.502/2017. The said application was came to be allowed by the Appellate Court, vide order dated 15.05.2018, suspending the execution and operation of the impugned order of sentence, subject to the condition that the accused shall deposit 20% of the compensation amount within one month, before the trial Court. It is stated that the said order passed by the Appellate Court was called in question by the accused before this Court in Crl.P.No.101047/2018, which was came to be dismissed vide order da .....

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..... ppropriate orders. 10. Perused the materials on record. 11. In the light of the rival submissions, the point that would arise for my consideration is, Whether the impugned order is liable to be set aside? 12. My answer to the above point is in the 'affirmative' for the following: REASONS 13. The impugned judgment of conviction and order of sentence passed by the trial Court was called in question by the accused before the Appellate Court. She had also filed an application seeking suspension of sentence. The said application was allowed subject to condition that she shall deposit 20% of the compensation amount ordered by the trial Court, which was again challenged before this Court, by filing Crl.P. No.101047/201 .....

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