Ananda Babarao Khule And Others vs The State Of Maharashtra
2022 Latest Caselaw 13544 Bom

                                      1                    cran 4415.22.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           CRIMINAL APPLICATION NO.4415 OF 2022
                            IN
       CRIMINAL REVISION APPLICATION NO.373 OF 2022

          ANANDA BABARAO KHULE AND OTHERS
                           VERSUS
               THE STATE OF MAHARASHTRA
                               ...
          Ms S G Sonwane, Advocate for applicants.
            Mr. K S Patil APP for Respondent State
                               ...
                 CORAM : S. G. MEHARE, J.
                 Dated : December 23, 2022
                               ...
     PER COURT :-

     1.      Learned counsel for the applicants submits that

     the Court convicting the accused for the offence

     punishable under section 324 r/w 34 of the Indian

     Penal Code have failed to appreciate the evidence. The

     applicant has a good case on merits.                   They never

     misused or jumped over the bail granted to them.

     Applicants have their roots in village Ganpur, Tq.

     Ardhapur,          District   Nanded.   Hence,     the      sentence

     imposed against them may be suspended.




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                                       2                     cran 4415.22.odt

     2.       Learned APP opposes the application. He submits

     that there are two concurrent judgments against the

     applicants. There is no error on the face of the record

     convicting the applicants. Hence, the sentence may not

     be suspended.


     3.       Perused the impugned orders.             The applicants

     have good grounds for arguments.                  There were no

     complaints of misusing the bail granted to them and

     tampering with the prosecution witnesses. Hence, the

     applicants deserve suspension of sentence.                      In the

     result, following order is passed.

                                  ORDER

i. Criminal application is allowed.

ii. The sentence of imprisonment imposed by the learned Judicial Magistrate First Class, Ardhapur, District Nanded on applicant nos. 1 to 4 to suffer R.I. for 2 years and to pay fne of Rs.500/- each, for the offence punishable under section 324 r/w section 34 of the IPC by its judgment and order passed in RCC No.18 of 2011 dated 18.6.2015 and confrmed by the learned Additional Sessions Judge-1, Nanded

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3 cran 4415.22.odt

in Criminal Appeal No.61 of 2015 by order dated 15.12.2022 stands suspended till the decision of Criminal Revision Application no.373 of 2022.

iii. The applicant nos. 1 to 4 be released on bail on executing PB and SB of Rs.50,000/- (Rs. Fifty Thousand) each, with one solvent surety of the like amount by each of them.

iv. Bail before the learned Additional Sessions Judge-1, Nanded.

( S. G. MEHARE, J. ) ...

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