Bombay High Court
Yogesh Ashok Dhore And Anr vs State Of Maharashtra And Anr on 11 December, 2023
Author: Prithviraj K. Chavan
Bench: Prithviraj K. Chavan
2023:BHC-AS:37130 3-IA-4526-2023.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4526 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.407 OF 2023
1. Yogesh Ashok Dhore ]
2. Sachin Ashok Dhore ] Applicants
Vs.
State of Maharashtra and another ] Respondents
.....
Mr. Aniket Nikam i/b Mr. Amit Icham, for Applicants.
Ms. P.N. Dabholkar, A.P.P, for Respondent No.1-State.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 11th DECEMBER, 2023.
P.C.
1. Heard Mr. Nikam, learned Counsel for the applicants and
Ms. Dabholkar, learned A.P.P, for Respondent No.1-State.
2. The applicants are real brothers. By a judgment and order
dated 11th May, 2017 passed in Regular Criminal Case No.3928 of
2013, 7th Judicial Magistrate First-Class, Paud, District Pune
convicted both the applicants of the offence punishable under
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Section 323 of the Indian Penal Code sentencing them to undergo
rigorous imprisonment of six months with fine of Rs.1,000/- each,
in default of payment of fine, to undergo simple imprisonment for
15 days.
3. For the offence punishable under section 325 of the Indian
Penal Code, the applicants were convicted and sentenced to suffer
rigorous imprisonment of one year with fine of Rs.4,000/- each, in
default of payment of fine, to suffer simple imprisonment for 15
days.
4. Lower Appellate Court in an appeal bearing Criminal Appeal
No.259 of 2017 preferred by the applicants, acquitted them of the
offence punishable under section 323 of the I.P.C, however,
maintained conviction and sentence rendered under section 325 of
the I.P.C.
5. Mr. Nikam, learned Counsel for the applicants has invited my
attention to the testimony of the injured complainant -P.W.-1
Subhash Tukaram Dhore, who has admitted during the cross-
examination that there is a civil dispute between respondent No.2-
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complainant and the applicants and, therefore, it perhaps might be
an outcome of a civil dispute pending between the parties.
6. My attention has also been invited to the cross-examination
of the Investigating Officer- P.W.7 - Chand Nabhibhai Mulani, who
admits in his cross-examination that spot of the incident which is in
front of the house of the complainant is 14 feet wide and 52 feet
long from which, it can be inferred that there was no reason for the
applicants to break the platform (ota) of the house of the
complainant.
7. As regards sentence, Mr. Nikam submits that it is a short
sentence and the applicants would deposit fine amount, if not
deposited, within a week in the lower Appellate Court.
8. Learned A.P.P is ad idem on the point of short sentence and
other submissions made across the bar.
9. Having considered the nature of the dispute, term of sentence
awarded, absence of any antecedents and also pendency of older
appeals awaiting adjudication, the present revision application may
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not be heard finally in near future; continuation of incarceration of
the applicants would not serve any fruitful purpose. Hence, the
following order:
(a) Pending hearing of the Criminal Revision
Application, execution of substantive sentence stands
suspended upon applicants furnishing a P.R bond in
the sum of Rs.15,000/- each, with one surety in the
like amount to the satisfaction of the lower Appellate
Court.
(b) The applicants shall not repeat or indulge in
any illegal activities qua respondent No.2-
complainant or his family.
10. Application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]
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