Laxman Baliram Dhawale vs The State Of Maharashtra And ...
2023 Latest Caselaw 2614 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

               933 CRIMINAL APPLICATION NO.937 OF 2023
                         IN APEAL/195/2023
                                WITH
                          APEAL/195/2023

Khandu Vishwanath Kamble.                                     ...Applicant

                VERSUS

1. The State of Maharashtra.
2. Vijay Sanjay Kalbande.                               ...Respondents

                                     ...
            Advocate for Applicants : Mr.Salunke Sheetal Vilas
              APP for Respondents-State : Mr.K.N.Lokhande
                                     ...

                                     AND

              934 CRIMINAL APPLICATION NO.1013 OF 2023
               IN APEAL/223/2023 WITH APEAL/223/2023


Laxman s/o Baliram Dhawale.                                   ...Applicant

          VERSUS

1. The State of Maharashtra.

2. Angad s/o Dharan Kamble.                             ...Respondents.

                                    ...
          Advocate for Applicant : Sushant Baburao Choudhari
             APP for respondent-State : Mr. K.N.Lokhande
                                    ...

                                CORAM : R. G. AVACHAT, J.

                                DATE       : 17.03.2023.

PER COURT :




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1.              Admit.

2.              Call Record and proceedings.


3.              Issue notice to the respondents/State. The learned APP

waives service of notice for respondents-State.


4.              The applicants have been convicted for the offence

punishable 396 of the Indian Penal Code and sentenced to suffer

imprisonment for 10 years. Both the applicants are in jail, for little

over for 2 years.


5.              As per the case of the prosecution, there were five

culprits including the present applicants. They had come together

and took away a small Pickup van, wherein the deceased and the

driver of the vehicle were there. As per the case of the prosecution, 2

of the 5 convicts took the deceased to the back portion of the vehicle

and while the vehicle was on its way, both of them assaulted and

threw him down the vehicle, as result of which he succumbed to the

injuries.


6.              On the basis of the evidence on record, it is just difficult

to identify who are those 2 out of 5 convicts to be responsible to the

death of the deceased. The appeal is not likely to be heard in near

future. In view of the same, the application is granted in terms of the

following order :




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                                 ORDER

(a)     The application is allowed.

(b)     Pending the appeal, the execution of substantive sentences of

imprisonment imposed upon the applicants by the learned Additional

Sessions Judge, Osmanabad in Sessions Case No. 02 of 2019, by the

judgment and order dated 08.09.2022, to stand suspended and the

applicants be released on bail on their executing P.R. bonds in the

sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one

surety each in the like amount on the conditions that

(i) The applicants shall appear before the investigating officer, as and when required for the investigating purpose.

(ii) The applicants shall not tamper with the prosecution

evidence.

( R. G. AVACHAT ) JUDGE

mahajansb/