Bhishma S/O Uttam Sadawarte vs The State Of Maharashtra
2023 Latest Caselaw 5654 Bom

                                      1             966 Cri. Appln No. 1864-23.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO. 1864 OF 2023
                  IN CRIMINAL APPEAL NO. 495 OF 2023

                    BHISHMA S/O UTTAM SADAWARTE
                                 VERSUS
                      THE STATE OF MAHARASHTRA
                                    ...
               Advocate for Appellant : Mr. U. L. Telgaonkar
              APP for Respondent: Mrs. Vaishali N Patil-Jadhav
                                   ....

                                 CORAM : S. G. MEHARE, J.

                                 DATE     : 15.06.2023

PER COURT :

1.              Heard the learned counsel for the applicant and learned

counsel for the State.

2.              Perused the impugned judgment and orders.                     The

applicant has been convicted for the a short term of four years for the

offence punishable under Sections 325 of the Indian Penal Code and

three months for the offence punishable under Sections 323 of the

Indian Penal Code.

3.     In view of the ratio laid down b y the Hon'ble Apex Court in

Bhagwan Rama Shinde Gosai And Others Vs. State of Gujarat 1999

DJLS (SC) 614, (supra) the application deserves to be allowed. Hence,

the following order.




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                                        2            966 Cri. Appln No. 1864-23.odt



                               ORDER

(i)     The application is allowed.

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

Sentence imposed upon the application by the learned

Additional Sessions Judge Ambad, District Jalna for the

offences punishable under Sections 325, 323 of the Indian Penal

Code in Sessions Case No. 74 of 2021 dated 13th February 2023

is suspended till the conclusion of the appeal.

(iii) The applicant be released on bail on executing of PB and SB

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

(iv) Bail before the learned Additional Sessions Judge, Ambad.

( S. G. MEHARE ) JUDGE

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