Bombay High Court
Khaled Abu Turab vs The State Of Maharashtra on 6 May, 2024
Author: R.G. Avachat
Bench: R.G. Avachat
2024:BHC-AUG:9669-DB
Cri. Appln. No.1696/2023
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1696 OF 2023 IN
CRIMINAL APPEAL NO.583 OF 2023
Khaled Abu Turab ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Mr. Satej S. Jadhav, Advocate for applicants
Mrs. Uma S. Bhosle, A.P.P. for respondent
.......
CORAM : R.G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
DATE : 6th MAY, 2024
ORDER:
This is an application for suspension of sentence
awarded by learned Additional Sessions Judge, Court No.8,
Aurangabad in Sessions Case No.712/2019, vide judgment
and order dated 31/1/2023, convicting the applicant/ appellant
for the offence punishable under Section 302 of the Indian
Penal Code and sentenced to suffer imprisonment for life and
to pay fine of Rs.5000/-, in default to suffer S.I. for 6 months.
He is also convicted for the offences punishable under
Sections 143, 144,147, 148 of the Indian Penal Code and
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sentenced to various terms of sentences and fine with default
stipulation. The substantive sentences have been directed to
run concurrently.
2. The case of the prosecution in nutshell is that,
there was a dispute over the ownership of one factory namely
Golden Ice Factory and Noor Enterprises, situated at M.I.D.C.
Shendra, Arangabad. The said dispute was between the two
groups. According to the prosecution, the applicants and co-
convicts reached the said disputed factory on 1/5/2019 by 8.00
p.m. and assaulted the informant and his brother by using
knife. Due to the assault by the applicant, the informant's
brother died.
3. It is submitted by learned counsel for the applicant/
appellant that, the applicant and the co-convicts were already
present in the said disputed factory premises and the
deceased and the informant came to the said factory and
raised quarrel. He submits that, a fight took place in the two
groups comprising of the informant and witnesses on one side
and the applicant and the co-convicts on the other side. He
submits that, the applicant also got severely injured in the said
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incident and he had gone to the Police Station for lodging the
report. However, the police referred him to the hospital. He
submits that, there is a case and cross-case out of the same
incident. He submits that, in the case registered on the report
lodged by the applicant against the complainant, the witnesses
did not support and the case resulted in acquittal. He submits
that, the applicant exercised his private defence though it may
have exceeded. He submits that the applicant be granted bail
by suspending the sentence.
4. The application is opposed by the learned A.P.P.
She submits that, there are eye witnesses to the incident, who
have attributed positive role of assault to the applicant. She
submits that, the applicant and co-convicts came in the said
factory. She submits that, there are no chances of acquittal in
the case and the application be rejected.
5. We have perused the evidence on record. What is
not in dispute is that, the CDR reports indicate, which were
collected by the investigating officer, that the informant was in
Aurangabad city and reached at the spot at about at 8.00 p.m.
The CDR further show that the applicant was present at the
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said factory from 14.32 Hrs. till 20.37 Hrs. From this, prima
facie it is seen that the applicant was already present in the
said factory and the informant had gone there. The CDR
further show that, the applicant was present at the said factory
It is also not in dispute that, the applicant suffered injuries on
the face and neck in the said incident. It is also not in dispute
that the persons who were in the company of the applicant
also suffered severe injuries on head. It is not known as to
who was the aggressor. The applicant is behind the bars since
2/5/2019 i.e. for a period of more than 5 years. There is no
possibility that the appeal would be finally heard in near future.
In this view of the matter, we proceed to pass the following
order :-
ORDER
(i) The Criminal Application is allowed.
(ii) Pending the appeal, the substantive sentences of
imprisonment imposed against the applicant/ appellant by
learned Additional Sessions Judge, Court No.8, Aurangabad in
Sessions Case No.712/2019, vide judgment and order dated
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31/1/2023 to stand suspended and the applicant be released
on bail on his executing P.R. bond in the sum of Rs.15,000/-
(Rupees fifteen thousand) with one surety in the like amount.
(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.)
fmp/-
