Sominath Uttam Mhaske vs The State Of Maharashtra
2023 Latest Caselaw 6469 Bom

                                        1        951- Cri. Appln. No. 2314-2023.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO.2314 OF 2023
                 IN REVN/184/2023 WITH REVN/184/2023

1.     Sominath Uttam Mhaske,
       Age : 35 Years, Occ. Agriculture,

2.     Balu S/o Namdeo Mhaske,
       Age : 31 Years, Occ. Agriculture,

3.     Shankar Bhimrao Mhaske,
       Age : 45 Years, Occ. Agricutlure,

4.     Uttam S/o Bhimrao Mhaske,
       Age : 65 Years, Occ. Agriculture

5.     Vilas Namdeo Mhaske,
       Age : 36 Years, Occ. Agriculture

       All resident of Hatmali, Taluka and
       District Aurangabad.                             ... Applicants
              VERSUS
       The State of Maharashtra                         .. Respondent

                         ....
       Advocate for Applicant : Mr. Shaikh Sohail Subhedar
       APP for Respondent: Mr. K. S. Patil
                                  ....

                                    CORAM : S. G. MEHARE, J.

                                    DATE    : 07.07.2023

PER COURT :

1.     Heard the          learned counsel for the applicants and learned

counsel for the respondent/State.

2.     The applicants are seeking suspension of sentence imposed upon




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them, to suffer rigorous imprisonment for six months each for the

offence punishable under Sections 148, 324 read with Section 149 of

the Indian Penal Code by the learned Judicial Magistrate First Class,

Aurangabad in R.C.C. No. 1341 of 2013 dated 27.09.2018 and

confirmed by the learned Additional Sessions Judge, Aurangabad in

Criminal Appeal No. 177 of 2018 dated 26.06.2023.


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

applicants have a good case on merits. The evidence has not been

appreciated as per the prescribed procedure of law.               They are

permanent resident of village Hatmali taluka and district Aurangabad.

There are no antecedents to their discredit. The revision may takes its

time. It is a short term conviction; hence, sentence may be suspended.


4.     The learned A.P.P. strongly opposed the application. He would

argue that there are two concurrent judgments and orders of the

conviction against the applicants.   The evidence has been correctly

appreciated. The prosecution has proved the case beyond a reasonable

doubt.     Therefore, applicants have no good case for suspension of

sentence.


5.     Perused the impugned judgment and orders.           The applicants

appears to have good grounds to be argued before this Court in




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revision. Hence, the following order.

                           ORDER

(i)     The application is allowed.

(ii)    The execution, implementation, effect and operation of the

sentence to suffer R.I. for six months each for the offences

punishable under Sections 148, 324 read with Section 149 of

the Indian Penal Code by the learned Judicial Magistrate F.C.

Aurangabad in Regular Criminal Case No. 1341 of 2013 dated

27.09.2018 and confirmed by the learned Additional Sessions

Judge, Aurangabad in Criminal Appeal No. 177 of 2018 dated

26.06.2023 has been suspended till conclusion of the revision

application.

(iii) The applicants shall be released on bail on executing P.B. and

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

(iv) Bail before the learned Additional Sessions Judge,

Aurangabad.

( S. G. MEHARE ) JUDGE

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