Rambhau S/O Dagdu Rathod vs The State Of Mah. Thr. The Pso, Ps ...
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Bombay High Court

Rambhau S/O Dagdu Rathod vs The State Of Mah. Thr. The Pso, Ps ... on 23 January, 2024

Author: M. W. Chandwani

Bench: M. W. Chandwani

2024:BHC-NAG:973


                                                              1                            33-apeal-2-24.odt



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                         NAGPUR BENCH, NAGPUR.

                                  CRIMINAL APPLICATION (APPA) NO. 3 OF 2024
                                                                  IN
                                           CRIMINAL APPEAL NO. 2 OF 2024
                                         Rambhau S/o. Dagdu Rathod (In Jail)
                                                                  Vs.
                                                     State of Maharashtra
                   ------------------------------------------------------------------------------------------------
                   Office Notes, Office Memoranda of                             Court's or Judge's Order
                   Coram, appearances, Court's Orders
                   or directions and Registrar's order

                                    Shri A. R. Prasad, Advocate for applicant.
                                    Shri A. M. Kadukar, APP for non-applicant/State.



                                                     CORAM :-         M. W. CHANDWANI, J.

                                                     DATED :-         23.01.2024


                                                     Heard.

2. The applicant is seeking suspension of sentence passed by the learned Additional Sessions Judge, Khamgaon, District Buldhana vide judgment and order dated 16.09.2023 in Sessions Case No. 68/2014.

3. The applicant has been convicted for the offence punishable under Section 307 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for five years and to pay fine of ₹1,000/-.1,000/-. He has preferred an appeal against the impugned judgment of conviction and by this application prayed for suspension of sentence pending the appeal.

RR Jaiswal 2 33-apeal-2-24.odt

4. Heard the learned counsel for the applicant as well as the learned APP for the State and gone through the impugned judgment as well as the evidence of the material witnesses. Perusal of the version of the victim shows that the applicant gave knife blows on his stomach as well on his back. But, the version of the Doctor goes to show that the victim was having only one injury in the lumber region. Thus, the Doctor has deposed that there is only one wound on the person of the victim. Whether the case is covered under Section 307 of the IPC is a one of the questions raised in this appeal, which can be answered at the time of final hearing after detail scrutiny of the entire evidence. The applicant is convicted for a fixed term and hearing of the appeal may take considerable time. Considering peculiar facts of the matter, a case is made out for suspension of sentence. Hence, the following order:-

             i)          The application is allowed.

             ii)         During the pendency of the appeal, the

substantive sentence passed by the learned Additional Sessions Judge, Khamgaon, District Buldhana vide judgment and order dated 16.09.2023 in Sessions Case No. 68/2014 shall remain suspended.

iii) The applicant- Rambhau S/o. Dagdu Rathod be released on he executing a PR bond of ₹1,000/-.25,000/- (Rs. Twenty Five Thousand) with one solvent surety in the like amount.

RR Jaiswal 3 33-apeal-2-24.odt

iv) The applicant shall appear before this Court at the time of final hearing of the appeal.

The Registry is directed to process the appeal as per rules.

(M. W. CHANDWANI, J.)

Signed by: Mr. Rajnesh Jaiswal RRToJaiswal Designation: PA Honourable Judge Date: 24/01/2024 18:12:39