Atul Suresh Sotare vs State Of Mah. Thr. The Station ...
2021 Latest Caselaw 9916 Bom

Order                                                                                             42appa221
                                                       1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.
                    CRIMINAL APPLICATION (APPA) NO. 221/2021 IN
                          CRIMINAL APPEAL NO. 147/2021
                                               Atul Suresh Sotare
                                                     VERSUS
                                              State of Maharashtra
Office notes, Office Memoranda of
Coram, appearances, Court's orders                              Court's or Judge's Orders
or directions and Registrar's orders.

                                          Shri A. D. Tote, Advocate for appellant/applicant
                                          Shri H. D. Dubey, APP for non-applicant/State.


                                                           CORAM : VINAY JOSHI, J.

DATE : 28.07. 2021.

Hearing was conducted through Video Conferencing.

2. This is an application for suspension of

sentence passed against appellant - Atul Suresh Sotare

in Special Case No. 169/2016. Learned Trial Court

held appellant guilty along with two other for the

offence punishable under Sections 304-II and 324 read

with Section 34 of the Indian Penal Code. The Trial

Court while imposing sentence, has awarded

punishment to undergo rigorous imprisonment of ten

years to co-accused Sachin whilst the applicant Atul

Suresh Sotare sentenced to suffer rigorous

imprisonment of five years with total fine amount of

Rs. 30,000/-.

Order 42appa221

3. Para 43 of the judgment bears the reason

for discriminating in imposing sentence with reason

that co-accused Shankar has assaulted deceased by

means of weapon whilst appellant - Atul assaulted by

stick. The learned counsel for the appellant briefly

took me through the evidence of eye-witness and

pointed out certain inconsistencies. The appellant was

on bail during trial. Yesterday i.e. on 27.07.2021, he

has deposited the entire fine amount.

4. The maximum sentence imposed is term of

imprisonment of five years. The appeal will take

considerable time for its disposal. No exceptional

circumstances are brought on record for revoking use

of discretion. In view that, execution of substantive

sentence passed in Special Case No. 169/2016 is

suspended till final disposal of appeal. In the

meantime, appellant is released on his furnishing P. R.

Bond of Rs. 25,000/- with one or two sureties.

5. Application stands allowed and disposed

of.

JUDGE

Gohane.