Pradip S/O. Babasaheb Rashinkar vs The State Of Maharashtra
2024 Latest Caselaw 1305 Bom

Bombay High Court

Pradip S/O. Babasaheb Rashinkar vs The State Of Maharashtra on 18 January, 2024

Author: R.G.Avachat

Bench: R.G.Avachat

2024:BHC-AUG:1149-DB



                                                             OO-Cri. Appeal No.343.2019.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CRIMINAL APPEAL NO.345 OF 2019

            Pradip s/o. Babasaheb Rashinkar,
            Age : 29 years, Occ. Labourer,
            r/o. Naigaon, Tq. Shrirampur,
            Dist. Ahmednagar                                       ..Appellant
                   Vs.
            The State of Maharashtra,
            Through Police Inspector,
            Shrirampur Taluka Police Station,
            Tq. Shrirampur, Dist. Ahmednagar                       ..Respondent

                                              ----
            Mr.Yogesh R. Shinde, Advocate h/f. Mr.R.R.Karpe, Advocate for appellant
            Mr.U.S.Bhosle, APP for respondent
                                              ----

                                        CORAM       :   R.G.AVACHAT AND
                                                        NEERAJ P. DHOTE, JJ.
                                        ORDER       :

JANUARY 18, 2024

OPERATIVE ORDER :-

For the reasons recorded separately, following order is

passed:-

            (i)            The appeal is allowed.

            (ii)           The judgment and order dated 14.03.2019, passed by

learned Addl. Sessions Judge, Shrirampur, Dist, Ahmednagar, in

Sessions Case No.35 of 2016, convicting and sentencing the appellant

for the offence punishable under Section 302 of Indian Penal Code, is

set aside.

(iii) The appellant is acquitted of the offence punishable

under Section 302 of Indian Penal Code.

(iv) Fine amount paid by the appellant, if any, be refunded

to him.

(v) Since the appellant is still under treatment for his mental

ill-health and his father has not yet made any application for his

custody, we direct the Superintendent, Central Prison, Yerwada,

Pune, wherein the appellant has been lodged, to keep the appellant

in Government Mental Health Establishment, for necessary medical

treatment.

(vi) The father of the appellant or any of his close relations

may make an application under Section 335(3) of the Code of

Criminal Procedure, either to the trial court or to this court. Needless

to mention, if such an application is made, the same would be

decided in terms of Section 335 of the Cr.P.C. and the relevant

provisions of the Mental Healthcare Act, 2017.

(vii) Learned Registrar (Judicial) of this Court to communicate

this order to the Superintendent, Central Prison, Yerwada, Pune,

forthwith.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]

KBP