Bombay High Court
Arpit Anilkumar Agrawal vs The State Of Mah. Thr. Pso Ps ... on 21 August, 2023
Bench: G. A. Sanap
(1) revn188.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL REVISION APPLICATION NO. 188/2023
Arpit Anilkumar Agrawal .vs. State of Maharashtra
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. R. H. Rawlani, Advocate for applicant.
Mr. A. R. Chutke, A.P.P. for non applicant-State.
CORAM : ANIL L. PANSARE, J.
DATE : 21.08.2023
CRIMINAL APPLICATION NO.287/2023
Heard.
The applicant/original accused no.3 is seeking
to suspend the sentence imposed by Judicial Magistrate
First Class, Nagpur vide judgment dated 20.06.2022
passed in Regular Criminal Case No.642/2020 and
upheld by the learned Additional Sessions Judge - 11,
Nagpur vide judgment dated 14.08.2023 in Criminal
Appeal No.154/2022. The applicant has been convicted
for the offence punishable under Sections 304-A and 283
of the Indian Penal Code, 1860 (IPC). The maximum
punishment awarded is three months simple
imprisonment. The applicant was working as Engineer
with M/s. CEINSYS Technical Ltd. The unfortunate
incident occurred on 22.04.2019 in front of Dena Bank,
Opposite C.A. Road, Nagpur. The work of laying
underground cable of MSEDCL was in progress. The
work contract was given to M/s. CEINSYS Technical Ltd.
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A heap of excavated soil of trench was partly placed on
said road. One Prashant, working with Zomato company
was going by his Activa scooter. The scooter got skidded
and he fell down on the road. Accused no.1 who was
driving a tipper from the backside, ran it over Prashant,
causing him fatal injuries.
The accusation against the applicant is that he
was supervising the excavation works. The evidence led
before the trial court, prima facie, indicates that an
engineer belonging to M/s. CEINSYS Technical Ltd. was
responsible for supervision over the work of execution.
The evidence, on the point that accused no.3 was
responsible for supervision, appears to be lacking.
Considering the above and since the applicant
was on bail pending trial as also pending appeal, the
applicant has made out a case for suspension of sentence.
Hence, following order.
ORDER
(i) The application is allowed.
(ii) The execution of sentence imposed upon the
applicant by judgment and order dated 20.06.2022
passed by learned Judicial Magistrate First Class (Court
No.3), Nagpur in Regular Criminal Case No. 642/2020,
for the offences punishable under Sections 304-A, 283
and 166 of the Indian Penal Code, 1860 is hereby
suspended.
(iii) Applicant - Arpit Anilkumar Agrawal, shall be
released on bail on he furnishing P.R. bond in the sum of
(3) revn188.23
Rs.25,000/- with one surety in the like amount before the
lower Court.
(iv) The applicant shall remain present before this
Court at the time of final hearing of the revision
application.
The application is disposed of.
List the revision application on 24.08.2023.
(Anil L. Pansare, J.)
Kahale
Signed by: Kahale
Designation: PS To Honourable Judge
Date: 21/08/2023 19:24:08
