Bombay High Court
Ramesh S/O Tulshiram Sonwane vs The State Of Mah. Thr. Pso Chimur ... on 2 February, 2022
Bench: Avinash G. Gharote
0202 Revn 23 of 2022.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION NO.23/2022
Ramesh s/o Tulshiram Sonwane
...Versus...
The State of Maharashtra, through Police Station Officer, Chimur, Tq. Chimur,
Distt. Chandrapur
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
Mrs. Kirti Kapse (Satpute), Advocate for applicant
CORAM : AVINASH G. GHAROTE, J.
DATE : 02/02/2022
1. Hearing was conducted through Video
Conferencing and the learned Counsel agreed that the audio
and visual quality was proper.
2. Heard Mrs. Kirti Satpute, learned Counsel for the
applicant, who submits that the judgment of the learned
Magistrate, acquitting the applicant, has been set aside by the
learned Sessions Court by the impugned judgment, on the
basis of the sole testimony of the complainant, who has not
seen the applicant assaulting him, as the complainant himself
contends that he was assaulted from behind by means of axe.
She submits that all the other so-called eyewitnesses have
been declared hostile and the Medical Officer is also not able
to opine as to whether the axe was having blood stains, or
whether the injuries were possible in a road-traffic accident or
0202 Revn 23 of 2022.odt
fall from a height and therefore, the conviction is based upon
conjectures and surmises, considering which, issue notice to
the respondent, returnable in two weeks.
3. Shri I.J. Damle, learned Additional Public
Prosecutor waives service of notice for the respondent sole.
4. Call for R & P.
CRIMINAL APPLICATION (APPR) NO.18/2022
1. This criminal application seeks suspension of
sentence.
2. Considering the grounds raised in the
application, the sentence imposed upon the applicant by the
learned Sessions Court by the judgment dated 30/12/2021
shall stand suspended during the pendency of the criminal
revision and the applicant be released on bail on his
executing P.R. Bond in the sum of Rs.50,000/- and a solvent
surety of like amount to the satisfaction of the learned
Magistrate. The fine amount of Rs.5,000/- be deposited by
08/02/2022 in the Trial Court.
3. The Criminal application is accordingly disposed
of.
4. Steno copy of this order is granted.
Digitally signed bySHAILENDRA
SUKHADEORAO WADKAR
Signing Date:02.02.2022 16:16 (AVINASH G. GHAROTE, J.)
Wadkar
