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Bombay High CourtAPPA/1334/2016others disposed off

Pradip Chandrakant Wazare v. The State Of Maharashtra

2018-03-14Hon'Ble Shri Justice A.S. Gadkari2 pages

88.APPA.1334.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1334 OF 2016 IN CRIMINAL APPEAL NO.700 OF 2016 Pradip Chandrakant Vazare ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Vivek Salunke for the Applicant.

Mr. A.R. Kapadnis, APP for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 14th MARCH 2018.

P.C.:

1.

This is an application for suspension of conviction of the applicant. The applicant is convicted under Section 147, 323, 353, 435, 452 r/w.149 of the Indian Penal Code and is sentenced to suffer maximum rigorous imprisonment of one year and to pay a total fine of Rs.6,000/-. 2.

Heard Mr. Salunke, learned counsel for the applicant and the learned APP. Perused the record.

3.

Learned APP vehemently opposed the application and submitted that no exceptional ground for suspension of conviction imposed upon the applicant has been made out. He further submitted that the offence alleged Aarti Palkar 1/2

88.APPA.1334.16.doc against the applicant under Section 353 of the Indian Penal Code is a serious offence and in view thereof conviction may not be suspended. 4.

After perusing the record, I find substance in the contention of the learned APP. In my view, no exceptional circumstance arises for suspending the conviction imposed upon the applicant. 5.

The application is accordingly rejected.

(A.S.GADKARI, J.) Aarti Palkar 2/2