Shivaji S/O Babarao Kure v. The State Of Maharashtra

1 Cr. Appln. 398/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 398 OF 2016 IN CRIMINAL APPEAL NO.12 OF 2016 Shivaji S/o Babarao Kure, Age 33 years, Occu.: Supervisor R/o Kawalgadda, Tq. Degloor, District : Nanded .. Applicant/ Appellant Vs.

The State of Maharashtra Through Police Inspector, Police Station, Degloor District : Nanded .. Respondent ---- Mr. M.A. Tandale, Advocate for the applicant Mr. R.V. Dasalkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 17/02/2016 ORAL ORDER :

Heard both sides.

2.

The applicant, who has been convicted by the learned Additional Sessions Judge, Biloli vide judgment and order dated 25/11/2015 passed in Sessions Case No.64 of 2014, for the offence punishable under section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years for the said offence, is praying for suspension of the substantive sentence during the pendency of the appeal and his release on bail.

2 Cr. Appln. 398/2016 3.

Injury no.1 stated to have been caused to the victim was a contused lacerated wound on the left side of the neck measuring 15 cm X 3 cm X 3 cm, which according the Medical Officer may have been caused by a sharp object.

4.

Learned Additional Sessions Judge, Biloli took into consideration all the overall facts and sentenced the present appellant to undergo rigorous imprisonment for 5 years.

5.

Considering all the above facts and finding that short term sentence is awarded to the applicant/appellant, the substantive sentence is hereby suspended. The applicant be released on bail, upon his execution of P.R.

bond in the sum of Rs.30,000/- (Rs. Thirty Thousand) and also upon furnishing surety in the like amount.

6.

Hamdast granted.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/