Saddam Chandpasha Khadake vs The State Of Maharashtra
2023 Latest Caselaw 7884 Bom

2023:BHC-AUG:16574

                                                   1                         939-CrAn-2875-23.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   CRIMINAL APPLICATION NO.2875 OF 2023
                                   IN REVN/225/2023 WITH REVN/225/2023

                                  SADDAM S/O CHANDPASHA KHADAKE
                                                 VERSUS
                                      THE STATE OF MAHARASHTRA
                                                     ...
                            Advocate for Applicant : Mr. Yunus Basheer Pathan
                               APP for Respondent/State : Mr. Y. G. Gujrathi
                                                     ...

                                                       CORAM :        S. G. MEHARE, J.

                                                       DATE       : 04-08-2023
                PER COURT :-

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondent/State. The learned A.P.P.

waives service of notice for the respondent/State.

3. The learned counsel for the applicant would submit that the

learned trial Court has convicted the applicant and sentenced to

suffer simple imprisonment for six months for the offences

punishable under Sections 279, 337 and 338 of the Indian Penal

Code and Sections 3(1)/181 and 146/196 of the Motor Vehicles Act.

However, the learned Additional Sessions Judge, Latur modified

the conviction and sentenced the applicant to suffer simple

imprisonment for three months.

4. The applicant has already paid the compensation amount.

He is languishing in jail. He has a good case on merit. Hence, his

sentence may be suspended.

2 939-CrAn-2875-23.odt

5. The learned A.P.P. opposing the application would submit

that there are no grounds to argue in the revision.

6. On the perusal of both judgments and orders along with the

evidence appreciated by both courts, the Court is satisfied that the

applicant has good legal questions to be raised before the Court as

regards whether the applicant was rash and negligent and

committed the offence. Taking into consideration the law and

facts of the case, the sentence deserves to be suspended. Hence,

the order:-

i) Application No.2875 of 2023 is allowed.

ii) The execution, implementation, effect and operation of the sentence imposed upon the applicant, to suffer simple imprisonment for three months for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Sections 3(1)/181 and 146/196 of the Motor Vehicles Act, by the learned Additional Sessions Judge, Latur, by his judgment and order in Criminal Appeal No.13 of 2018 dated 26.07.2023, stands suspended till the conclusion of the revision.

iii) The applicant be released on bail on executing P.B. and S.B.

of Rs.50,000/- with one solvent surety of the like amount.

iv) Bail before the learned Additional Sessions Judge, Nilanga.

v)       Call R & P.
vi)      List the Revision Application in due course.




                                        ( S. G. MEHARE )
                                                JUDGE
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