Bombay High Court
Bhagwat Ashruba Jadhav vs The State Of Maharashtra on 17 August, 2023
Bench: S. G. Mehare
2023:BHC-AUG:17575
1 52-Cri.Appln.267-23+1.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
52 CRIMINAL APPLICATION NO.267 OF 2023
IN APEAL/72/2023 WITH APEAL/72/2023
BHAGWAT ASHRUBA JADHAV
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Gaikwad Anil M.
APP for Respondent-State : Mr. S. P. Deshmukh.
...
CORAM : S. G. MEHARE, J.
DATE : 17.08.2023
PER COURT :-
1. Heard the learned counsel for the applicant and learned
APP for the respondent-State.
2. The applicant who killed his son has been convicted to
suffer R.I. for 7 years for the offence punishable under Section
304 Part II of the IPC.
3. Learned counsel for the applicant would submit that the
applicant has undergone around three (3) years imprisonment.
It is a short term sentence. There are no exceptional
circumstances to decline the suspension of the sentence. The
appeal may take its time to conclude. There were no
::: Uploaded on - 18/08/2023 ::: Downloaded on - 19/08/2023 05:21:23 :::
2 52-Cri.Appln.267-23+1.odt
antecedents to the discredit of the applicant. The deceased and
the applicant both were under the influence of liquor at the
time of the incident. The incident happened out of the sudden
quarrel. The applicant has a good defence to contest the
appeal. The entire evidence needs to be re-appreciated. He is
behind bars for sufficient period. Hence, the sentence may be
suspended.
4. Learned APP would submit that the applicant has
committed the murder of his son. The evidence has been
properly appreciated. The gravity of the offence itself is a
ground to deny the suspension. There are no good grounds to
suspend the sentence.
5. The normal rule for suspending the sentence is to
suspend the sentence, if there are no exceptional
circumstances. No doubt, gravity is one of the ground to be
considered, but, the facts of the case also needs to be
examined. It is the case of quarrel between the father and the
son. Under the influence of liquor, they were fighting and the
incident happened. The applicant has no antecedents. He has
undergone around three (3) years of sentence which is about
::: Uploaded on - 18/08/2023 ::: Downloaded on - 19/08/2023 05:21:23 :::
3 52-Cri.Appln.267-23+1.odt
to half of the sentence imposed upon him. The applicant is 44
years old. The appeal may take its time. The appeal is not
likely to be concluded in near future. Hence, the following
order :
ORDER
(i) Criminal Application is allowed.
(ii) The execution, implementation, effect and
operation of the sentence imposed upon the
applicant by the learned Additional Sessions
Judge, Ambajogai by his judgment and order
dated 24.02.2022, to suffer R.I. for seven (7)
years, in Sessions Case No.51 of 2020 stands
suspended till conclusion of the appeal.
(iii) Applicant be released on bail on executing P.B. and
S.B. of Rs.50,000/- (Rupees Fifty Thousand only)
with one solvent surety of the like amount.
(iv) The applicant shall not create nuisance in the
family.
4 52-Cri.Appln.267-23+1.odt
(v) He shall keep contacts with the lawyer appointed
for him and shall not protract the appeal.
(vi) Bail before the learned Additional Sessions Judge,
Ambajogai.
(vii) Call Record and Proceedings.
(vii) Stand over to 06.10.2023.
(S. G. MEHARE, J.)
...
vmk/-
