Jitendra Balkrushna Shejul And ... vs The State Of Maharashtra
2021 Latest Caselaw 15123 Bom

                                            (1)                    58 cri apln 2290.21

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                       58 CRIMINAL APPLICATION NO.2290 OF 2021
                                  IN REVN/126/2021

                             1. JITENDRA BALKRUSHNA SHEJUL
                         2. RAHUL @ SONYA BALKRUSHNA SHEJUL
                                    GULAB SAMPAT SHEJUL
                                          VERSUS
                                THE STATE OF MAHARASHTRA

                                             ...
                     Advocate for Applicants : Mr. Bhosle Abhaysinh K.
                       APP for Respondents/State : Mr. P.G. Borade
                                             ...

                                        CORAM :   M.G. SEWLIKAR, J.
                                        DATE :    20th October, 2021

P.C.:-

                   Heard. Issue notice to the respondent-state. Learned APP waives

notice.


2.                 Learned counsel Shri Bhosale for the applicants submits that

applicants are convicted under Section 324 of the I.P.C. He submits that stick

was used in the offence and it was not a heavy one but a small stick.

Judgment of both the Courts below do not show as to what was the length

and width of the stick. Without there being any evidence, finding cannot be

recorded that the stick if used as a weapon of offence is likely to cause death.

In view of this, substantive sentence is suspended.             Learned counsel Shri



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                                           (2)                    58 cri apln 2290.21

Bhosale submits that the fine amount is paid. In view of this following order is

passed:

                                        ORDER

I) Criminal application is allowed.

II) Substantive sentence is suspended till the disposal of the Criminal

Revision Application. The applicants shall be released on bail on

furnishing P.R. bond of Rs.15,000/- each with one surety in the

like amount each.

III) Bail before the trial Court.

[M.G. SEWLIKAR, J.]

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