Suresh S/O. Ramesh Lovanshi vs State Of Maharashtra
2023 Latest Caselaw 2563 Bom

                                                                              (23)IA-948-2023.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.948 OF 2023
                                                      IN
                                          APPEAL NO.276 OF 2023


            Suresh s/o Ramesh Lovashi                      ]    ..      Applicant
                             vs.
            State of Maharashtra & Anr.                    ]    ..      Respondents

Ms.Neeta Solanki i/b Unison Legal for Applicant. Ms.Anamika Malhotra, APP for the State.

                                           CORAM : BHARATI DANGRE, J

                                           DATE   :        16th March, 2023

            P.C.

            1]      The Applicant who is convicted by the Additional Sessions Judge,

Pune in Sessions Case No.1215/2019 for the offences under Section 353, 324 and 332 of the Indian Penal Code and the sentences having been directed to render concurrently, seek suspension of sentence and release on bail.

2] With the able assistance of the learned counsel for the applicant and the learned APP, I have perused the Judgment and deposition of prosecution witnesses placed before me in form of compilation.

3] The informant, PW 1 sustained injury on the frontal area of head

(23)IA-948-2023.doc

admeasuring 2 x 0.3 x 0.3 cm. and this injury is attributed the Applicant as the prosecution has proved that it is caused with the help of Kada (Bangle), he was wearing.

4] The inconsistency in the version of PW 1, 2 and 3 is focussed upon, to make the prosecution case unbelievable. However, I am not impressed with the said argument, and ultimately, effect of the evidence will have to be determined at the time of hearing of the Appeal.

Hence, the substantive sentences passed against the Applicant is suspended and he be released on bail subject to the same terms and conditions.

Interim Application is disposed off in the aforesaid terms.

[BHARATI DANGRE, J]