Sanjay Maruti Sabale vs The State Of Maharashtra
2021 Latest Caselaw 16574 Bom

                                        17.IA-2468-2021 in REVN-183-2021.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

               Interim Application No. 2468 / 2021
                                in
           Criminal Revision Application No. 183 / 2021

     Sanjay Maruti Sabale                                ..     Applicant
                     Versus.
     The State of Maharashtra                            ..     Respondent

                             ****

Mr. Akshay R. Kapadia, Advocate for the Applicant. Smt. S.V. Sonawane, APP for State.

                                    ****
                                CORAM    :      SANDEEP K. SHINDE J.
                                 DATE    :       30th NOVEMBER,2021.

     P.C. : -
     1.    This     Revision    questions     legality,          correctness

and propriety of order of conviction under Sections

325 and sentence to suffer two years imprisonment

and conviction under Section 506 of IPC and sentence

to suffer rigorous imprisonment for six months,

recorded in R.C.C. No. 132/2009 and confirmed in the

Criminal Appeal No. 01/2018 vide decision dated 9th

September, 2021.

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2. Heard. Learned Counsel for the Applicant and

learned Prosecutor for the State. Perused the

judgments of the trial Court and Appellate Court.

3. Pending trial and appeal, the Applicant-accused

was released on bail and pending proceedings, he has

not misused the liberty. Herein, Complainant is

brother of the Applicant. The alleged incident of

assault, had occurred on 28th July, 2009 at

Sabalewadi. First Information Report was filed in

Mumbai on 1st August, 2019. Whereafter, investigation

was transferred to Dhabewadi Police Station, Tal.

Patan, Dist. Satara. Complainant case is that he

had suffered fracture to right leg, in a attack held

by the Applicant, in Sabalewadi. However, for a

treatment, Complainant admitted himself in Hospitals

at Mumbai. Therefore, it is Applicant case that the

Prosecution case was improbable, in as much as

Complainant, although had suffered fracture to leg,

had travelled considerable distance, from Satara to

Mumbai. Thus, submitted trial Court and Appellate

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Court, both, have not appreciated the evidence in

right perspective and as such evidence requires

proper scrutiny. Thus, a case is made out for

admitting the Revision Application. "Revision is

admitted."

4. Call record and proceedings from the trial

Court/ Appellate Court.

5. Pending revision, the sentence awarded in R.C.C.

No. 132/2009 by the J.M.F.C. Patan, is suspended.

6. The Applicant is directed to be released on same

terms and conditions, as he was during the pendency

of the trial and appeal. Bail bond to be furnished

in the trial Court, with fresh surety.

7. Interim Application is disposed of.

                                                  (SANDEEP K. SHINDE, J.)
                             Digitally signed
                  MOHAMMAD   by MOHAMMAD
                             NAJEEB
                  NAJEEB     MOHAMMAD
                  MOHAMMAD   QAYYUM
                  QAYYUM     Date: 2021.11.30
                             19:04:30 +0530
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