Bombay High Court
Madhukar @ Bhadya S/O Shivram Muley vs The State Of Maharashtra on 29 January, 2024
Author: R. G. Avachat
Bench: R. G. Avachat
2024:BHC-AUG:1774-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
16 CRIMINAL APPLICATION NO. 21 OF 2024
IN
CRIMINAL APPEAL NO.953 OF 2023
Madhukar @ Bhadya S/o Shivram Muley ....Applicant
Versus
The State of Maharashtra .....Respondent
.....
Advocate for the Applicant : Shri. Sudhir K. Chavan
APP for Respondent / State : Smt. V. S. Chaudhari
.....
CORAM : R. G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
Dated : January 29, 2024
PER COURT :-
. Heard Mr. Sudhir K. Chavan, learned Advocate for the
Applicant and Smt. V. S. Chaudhari, learned APP for the State.
2. This is the Application for suspension of substantive
sentence imposed by the learned Additional Sessions Judge-4, Parbhani
in Sessions Case No.87/2017 vide Judgment and order dated
22.01.2019 thereby convicting the Applicant / Appellant for the offence
punishable under Section 302 of the Indian Penal Code and sentencing
him to undergo Rigorous Imprisonment for Life with fine of Rs.10,000/-,
in default to undergo Rigorous Imprisonment for two (02) years for the
offence punishable under Section 302 of the I.P.C.
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3. The case is based on circumstantial evidence. According to
the learned Advocate for the Applicant / Appellant that the only
evidence in the present matter is last seen together, however there are
inconsistencies in the versions of the witnesses.
4. Learned APP submits that the case has been proved by the
prosecution and she has strong objection for suspending the sentence.
5. There is no dispute that the Applicant / Appellant is behind
the bars since last more than 6 ½ years. There is no possibility that the
Appeal could come up for final hearing in the near future. Thus, in our
view, it would be appropriate to Suspend the substantive sentence of the
Applicant /Appellant during the pendency of the present Appeal.
6. Hence, the following order:
ORDER
(i) The Application is allowed.
(ii) The substantive sentence imposed by the learned Additional
Sessions Judge-4, Parbhani in Sessions Case No.87/2017 vide Judgment
and order dated 22.01.2019 on the Applicant / Appellant, namely,
Madhukar @ Bhadya S/o Shivram Muley, is suspended during the
pendency of the present Appeal.
(iii) The Applicant / Appellant be released on bail on furnishing
P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only), with one
surety in the like amount.
(iv) Bail before the Trial Court.
(v) The Applicant / Appellant shall not change his residential address
without intimation to the concerned Police Station.
7. Criminal Application stands disposed of accordingly.
( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. )
GGP
Signed by: Gajanan G. Punde
Designation: PA To Honourable Judge
Date: 29/01/2024 18:44:49
