Balkrishna Sadashiv Patil vs The State Of Maharashtra
2022 Latest Caselaw 10574 Bom

                                                                         906-APPLN-3352-22.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 3352 OF 2022
                                     IN
                       CRIMINAL APPEAL NO. 734 OF 2022

Balkrishna Sadashiv Patil                                   ..APPLICANT
      VERSUS
State of Maharashtra                                        ..RESPONDENT

                                     ....
Mr. A.B. Chalak, Advocate for applicant
Mr. A.M. Phule, A.P.P. for respondent - State
                                     ....

                                               CORAM : R.G. AVACHAT AND
                                                       R.M. JOSHI, JJ.
                                               DATE : 12th OCTOBER, 2022

PER COURT :


1.          This is an application for suspension of substantive sentence of

imprisonment passed by the learned District Judge-2 and Additional Sessions

Judge, Amalner in Sessions Case No. 32 of 2017 vide judgment and order

dated 21st September, 2022.           The applicant has been convicted for the

offences punishable under Sections 307 and 452 of the Indian Penal Code

(I.P.C.). The applicant is sentenced to suffer imprisonment for life and to pay

fine of Rs.3,000/-, in default to suffer simple imprisonment for six months

under Section 307 of the I.P.C. and sentenced to suffer rigorous imprisonment

for three years and to pay fine of Rs.2,000/-, in default to suffer simple

imprisonment for three months under Section 452 of the I.P.C.


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2.          Heard.      Issue notice to the respondent.           Learned A.P.P. waives

service of notice for the sole respondent - State.


3.          Perused the injury certificate of the victim.               He suffered blunt

trauma to neck with CLW. There was fracture to upper limb i.e. left hand and

forearm and fracture of thumb. It is noted that one of the victim has passed

away. The cause of death is not the assault made by the present applicant.

The applicant was on bail pending trial. Another victim is reported to have

recovered of injuries within ten days of the incident.


4.          Considering the nature of offence, the fact that the appellant was

on bail pending trial and further fact that the appeal is not likely to be heard

in near future, we are inclined to allow the application as under :-

                                             ORDER

(i) Criminal application is allowed in terms of prayer clause (B).

(ii) Pending the appeal, the substantive sentence of imprisonment imposed on the applicant is suspended. The applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

(iii) Bail before the trial Court.

( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. ) SSD

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