Maruti Shivram Pemare v. The State Of Maharashtra

904.APPA815.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO.815 OF2014 IN CRIMINAL APPEAL NO.503 OF 2014 Maruti Shivram Pemare ...

Applicant V/s.

State of Maharashtra ...

Respondent .....

Mr. Jitendra M. Mulik, Advocate for the Applicant. Mr. Deepak Thakre, APP, for the Respondent.

....

CORAM :

ABHAY M. THIPSAY J.

DATED :

28TH APRIL 2015 P.C.

1] Heard Mr. Mulik, the learned counsel, appearing for the applicant. Heard Mr. Deepak Thakre, the learned Additional Public Prosecutor, 2] The appeal filed by the applicant challenging his conviction and sentence imposed upon him by the learned Additional Session Judge has already been admitted. By this application, the applicant prays that pending the hearing and final disposal of the appeal the substantive sentence imposed upon him wadhwa 1/2

904.APPA815.14 be suspended and that he be released on bail. 3] With the assistance of the learned counsel for the applicant, I have gone through the impugned judgment. I have been taken through the notes of evidence of the prosecution witnesses as was recorded during the trial.

4] It is contended that the prosecution story is unbelievable inasmuch as the applicant was fully drunk and that it would not have been possible for him to assault the victim with such a force so as to have his wrists amputated. 5] Considering the nature of evidence that was adduced during the trial, I do not think that there is a case for suspension of the sentence imposed upon the applicant. The applicant shall be at liberty to seek expeditious disposal of the appeal and to have a date for final hearing of the appeal fixed, if he so desires. 6] With these observations, application is rejected. (ABHAY M. THIPSAY J.) wadhwa 2/2