Bombay High Court
Deepak Tukaram Aware vs State Of Maharashtra on 23 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
502-IA-297-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 297 OF 2024
IN
CRIMINAL REVISION APPLICATION NO. 41 OF 2024
Deepak Tukaram Aware ...Applicant
Versus
State of Maharashtra ...Respondent
....
Mr. N.V. Sawant, Advocate for the Applicant.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 23rd JANUARY, 2024.
P.C.:
1. Not on Board. Taken on Board.
2. Heard both sides.
3. The Applicant is convicted vide Judgment and Order
dated 31st January, 2018 passed by learned J.M.F.C. Second Court,
Thane in R.C.C. No.52 of 2012 for offence punishable under
Section 353 of Indian Penal Code (for short 'IPC') and sentence to
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO
THOTE
THOTE
Date: 2024.01.24
18:43:40 +0530
suffer rigorous imprisonment for two years and to pay a fine of
Rs.5,000/-. The Applicant is acquitted for an offences under
Sections 143, 147, 332 and 506(2) r/w 34 of IPC. The Appeal was
preferred challenging the trial Court's Judgment before the Court
Sunny Thote 1 of 4
::: Uploaded on - 24/01/2024 ::: Downloaded on - 25/01/2024 04:07:32 :::
502-IA-297-2024.doc
of Sessions. Vide Judgment and Order dated 7th January, 2024 the
Appeal is dismissed. The Applicant is taken in custody in same day.
4. It is the case of the prosecution that all the Accused in
furtherance of common intention caused hurt to the public servant
while he was discharging his duty.
5. Learned Advocate for the Applicant submitted that the
sentence of imprisonment is of short term. The trial Court
Judgment suffers from serious infirmities. The Appellate Court has
mechanically confirmed the Judgment of conviction. About 26
persons were prosecuted. All the other Accused were acquitted by
the trial Court. The evidence of the prosecution suffers from serious
infirmities. The Applicant is in custody from 17th January, 2022.
The Applicant was on bail during the trial as well as during the
pendency of Appeal. The Applicant has not misuse the facility of
bail.
6. Learned APP submitted that there are two concurrent
findings of conviction. The revisional Court has limited scope for
appreciation of evidence. There is sufficient evidence to convict the
Applicant.
7. The prosecution was lodged against 26 persons alleging
that they have committing offences under Sections 353, 143, 147,
Sunny Thote 2 of 4
::: Uploaded on - 24/01/2024 ::: Downloaded on - 25/01/2024 04:07:32 :::
502-IA-297-2024.doc
332, 506(2) r/w 34 of IPC. The 25 persons were given benefit of
doubt and they were acquitted. The Applicant is the only person
who has been convicted for offence under Section 353 of IPC. The
Applicant is acquitted for the offences under Sections 143, 147,
332 and 506(2) of IPC. The Applicant was on bail during the trial.
He is in custody from 17th January, 2022. Considering the aforesaid
circumstances, the sentence of imprisonment can be suspended and
bail can be granted to them.
ORDER
i. Interim Application No.297 of 2024 is allowed;
ii. The substantive sentence of imprisonment imposed vide
Judgment and Order dated 31 st January, 2018 passed by
learned J.M.F.C. Second Court, Thane in R.C.C. No.52 of 2012
and confirmed by Additional Sessions Judge, Thane Court in
Criminal Appeal No.52 of 2018 vide Judgment and Order
dated 17th January, 2024 is suspended and and the Applicant
is directed to be released on bail on executing P.R. Bond in the
sum of Rs.20,000/- with one or more sureties in the like
amount;
iii. The Applicant is permitted to furnish cash bail in the
sum of Rs.20,000/- for a period of six weeks in lieu of surety.
Sunny Thote 3 of 4
502-IA-297-2024.doc
iv. The Applicant shall attend the concerned Police Station
once in three months on first Saturday of the month 11:00
a.m. to 1:00 p.m.
v. Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
Sunny Thote 4 of 4
