Raju Ramchandra Sonawane And ANR. v. The State Of Mahrashtra

Mhi 1 APPEAL-638-96 & 606-96.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 638 OF 1996 Prabhakar Ramesh Shetty ...

Appellant vs.

(Orig. Accused No.2) The State of Maharashtra ...

Respondent CRIMINAL APPEAL NO. 606 OF 1996 1.

Raju Ramachandra Sonawane ) 2.

Prasanna Ramchandra Jadhav ).. Appellants (Orig. Accused Nos. 4 & 5.

(Appeal against original accused No.5 abated, as per Court's order dated 8.12.2004.

MR. Shrikant Sonkawde a/w Mr. Vaibhav Chaudhari i/b. Prakash Shetty for the appellant.

Mrs. A.A. Mane, APP for the State.

CORAM:

SMT. SADHANA S.JADHAV, J.

DATE : 3rd March, 2016.

P.C.

For the reasons to be recorded separately, the following order is passed :-

O R D E R

(i) Criminal Appeal No.638 of 1996 is allowed.

(ii) The appellant in Criminal Appeal No.638 of 1996, who

Mhi 2 APPEAL-638-96 & 606-96.sxw happens to be original accused No.2 in Sessions Case No.216 of 1993, is hereby acquitted of the offence punishable under Section 392 of the Indian Penal Code.

(iii) Bail bonds stand cancelled.

(iv) Fine, if paid, be refunded to the appellant.

CRIMINAL APPEAL NO. 606 OF 1996 (i) Criminal Appeal No.606 of 1996 is partly allowed. (ii) The conviction of the appellant in Criminal Appeal No.606 of 1996 for the offence under Section 392 of IPC is hereby upheld. (iii) The learned APP has submitted that the appellant in Criminal Appeal No.606 of 1996 was under-trial prisoner. He has undergone four years and eight months of rigorous imprisonment. The sentence imposed upon the appellant for the ofence punishable under Section 392 of IPC is five years. He is sentenced to the period already undergone. (iv) Sentence of fine is maintained.

(v) Bail bonds stand cancelled.

Both the Appeals stand disposed of.

(SMT.SADHANA S.JADHAV, J.)