Bombay High Court
Kripalsingh Shersingh Tak And Other vs The State Of Maharashtra on 1 August, 2024
Author: R. G. Avachat
Bench: R. G. Avachat
1 945APPLN2447.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
945 CRIMINAL APPLICATION NO. 2447 OF 2024
IN APEAL/570/2024
1l Kripalsingh s/o Shersingh Tak,
Age: 21 years, Occ: Labour,
R-/o Ramamata, Ambedkar Nagar,
Nanded.
2] Jogindarsingh s/o Jagbirsingh Tak,
Age: 24 years, Occ: Labour,
R/o. Ramamata, Ambedkar Nagar,
Nanded.
3l Anil @ Anya s/o Malikarjun Mathpati,
Age:28 years, Occ: Labour
R/o Vishnu Nagar, Nanded. ...Applicants
VERSUS
The State Of Maharashtra ...Respondents
...
Mr. D. S. Ingole h/f Mr. Nilesh S. Ghanekar - Advocate for Applicants
Mrs. S. N. Deshmukh - APP for Respondent/State
...
CORAM : R. G. AVACHAT
AND
NEERAJ P. DHOTE, JJ.
DATED : 01ST AUGUST, 2024
PER COURT : -
1. This is the Application for suspension of substantive
sentence imposed upon the Applicants by the learned Additional
Sessions Judge-1, Nanded in Sessions Case No. 15/2022 vide Judgment
and Order dated 15.04.2024 convicting the Applicants and Co-convicts
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for the offence punishable under Sections 307, 324, 323, 504, 506, 143,
147, 148 r/w 149 of the Indian Penal Code.
2. In nutshell, the case of Prosecution is that, the Applicants
and the Co-convicts assaulted Sanjay Devkar - Informant and his father
by means of Sword and attempted to kill. The Informant and his father
suffered injuries for which they were hospitalized. The criminal law was
set into motion and after the Trial, the Applicant and Co-convicts came
to be convicted.
3. It is submitted by the learned advocate for the Applicants
that the Co-convict against whom the role of assault is attributed has
been granted bail by this Court vide order dated 07.05.2024. He
submits that the Applicants are entitled for suspension of sentence and
bail on the ground of parity.
4. The Application is opposed by the learned APP. She submits
that there is discovery of weapon of assault at the instance of the
Applicant though the co-convict has been granted bail. She submits that
the ground of parity would not be applicable.
5. It is not in dispute that the substantive sentence of the
co-convict against whom the role of assault is attributed has been
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suspended by order dated 7th May, 2024 passed in Criminal Application
No. 1746 of 2024. Though the Sword has been discovered at the
instance of Applicant No. 1 - Kripalsingh pursuant to Section 27 of the
Indian Evidence Act, admittedly, there are no blood stains on the said
sword and therefore it would be debatable whether the said discovery
would be relevant. Further, the eye-witnesses of the incident have not
supported the case of the prosecution. In this view of the matter, we
proceed to pass the following order.
ORDER
[i] The Application is allowed.
[ii] The substantive sentence imposed upon the Applicants by
the learned Additional Sessions Judge-1, Nanded in
Sessions Case No. 15/2022 vide Judgment and Order dated
15.04.2024, is suspended during the pendency of the
Appeal.
[iii] Applicants be released on bail on their furnishing P.R. bond
in the sum of Rs. 15,000/- [Rupees Fifteen Thousand] each,
with one surety in the like amount.
[iv] Bail before the Trial Court.
6. Criminal Application stands disposed of accordingly.
[NEERAJ P. DHOTE] [R. G. AVACHAT]
JUDGE JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 02/08/2024 18:51:06
