Bombay High Court
Vishwajit S/O Eknath Humne vs The State Of Mah. Thr. Pso Ps ... on 21 August, 2023
Bench: G. A. Sanap
(1) revn187.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL REVISION APPLICATION NO. 187/2023
Vishwajit Eknath Humne (In Jail) .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. A. D. Mohogaonkar, Mr. D. A. Mohogaonkar,
Advocates for applicant.
Mrs. M. H. Deshmukh, A.P.P. for non applicant-State.
CORAM : ANIL L. PANSARE, J.
DATE : 21.08.2023
CRIMINAL APPLICATION NO.285/2023
Heard.
The applicant/original accused no.4 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, 283 and
166 of the Indian Penal Code (IPC). The maximum
punishment awarded is three months simple
imprisonment. The applicant was working as Deputy
Executive Engineer with Maharashtra State Electricity
Distribution Company Ltd. (MSEDCL), Urban Circle,
Nagpur. The unfortunate incident occurred on
22.04.2019 in front of Dena Bank, Opposite C.A. Road,
(2) revn187.23
Nagpur. The work of laying underground cable of
MSEDCL was in progress. The work contract was given
to M/s. CEINSYS Technical Ltd. 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 of
crucial witness Pws. 3 and 4, prima facie, indicate that
his role would have commenced after completion of
contract. His role was limited to the clearance of bills
submitted by the contractor to the franchise SNDL of
MSEDCL. Thus, the first line of supervision was with the
SNDL. The applicant is an officer of the MSEDCL.
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.
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(iii) Applicant - Vishwajit Eknath Humne, shall be
released on bail on he furnishing P.R. bond in the sum of
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.
Criminal Application No. 286/2023
Heard.
Issue notice to the non applicant, returnable on
24.08.2023.
(Anil L. Pansare, J.)
Kahale
Signed by: Kahale
Designation: PS To Honourable Judge
Date: 21/08/2023 19:30:50
