Vitthal S/O Ramji Dhengale vs The State Of Maharashtra
2023 Latest Caselaw 5636 Bom

                                       1         955- Cri. Appln. No. 2024-2023.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO.2024 OF 2023
                 IN REVN/167/2023 WITH REVN/167/2023

                     VITTHAL S/O RAMJI DHENGALE
                                  VERSUS
                      THE STATE OF MAHARASHTRA
                                      ...
                 Advocate for Applicant : Mr. S. V. Deshmukh
                   APP for Respondent : Mr. S. B. Narwade
                                     ....

                                  CORAM : S. G. MEHARE, J.

                                  DATE     : 15.06.2023

PER COURT :

1.     Heard the learned counsel for the applicant and the learned

A.P.P. for the respondents/State.


2.     The applicant has impugned the order of conviction passed by

the learned Judicial Magistrate, First Class, Hingoli and confirmed by

the learned Additional Sessions Judge Hingoli.

3.              The learned counsel for the applicant would argue that the

applicant is now 68 years old. There was inimical terms between the

victim and family of the applicant. Applicant was falsely implicated in

the crime.       There was inordinate delay in lodging the report. The

material facts i.e. previous enmity and probable defence of the

applicant was not considered by the Courts of learned Judicial




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                                                2    955- Cri. Appln. No. 2024-2023.odt



Magistrate and learned Additional Sessions Judge.



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

argued that the evidence has been correctly appreciated. There are no

grounds for argument to the applicant. Hence the suspension may not

be suspended.



5.     Perused the impugned judgments and orders. The applicant has

raised the defence of enmity. There appears ground for argument to

the applicant in the revision application. He is a senior citizen. In the

facts and circumstances of the case, the application deserves to be

allowed.

                              ORDER

(i) Criminal Application is allowed.

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

the sentence to suffer R.I for three months for the offences punishable

under Sections 354(1)(I) of the Indian Penal Code imposed by the

learned Judicial Magistrate First Class, Court No.2, Hingoli in Regular

Criminal Case No.14 of 2014, dated 24.01.2017 and confirmed by the

learned Additional Sessions Judge, Hingoli in Criminal Appeal No. 2 of

2017 by order dated 6.6.2023 is suspended till the conclusion of the

revision application.

3 955- Cri. Appln. No. 2024-2023.odt

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

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

amount.

(iv) Bail before the learned Sessions Judge, Hingoli.

vi) Call Record and Proceedings.

(viii) List the criminal revision application in due course.

( S. G. MEHARE ) JUDGE

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