Balwant Prabhakar Chaudhari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.295 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 30 OF 2022 Balwant Prabhakar Chaudhari Applicant

Versus

The State of Maharashtra Respondent Mr. S.S. Jadhav, Advocate for the applicant.

Mrs. R.P. Gour, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 28th JANUARY, 2022.

PER COURT :

1.

Heard learned counsel for the applicant.

2.

Applicant has been convicted by the trial Court with following sentences :- i) Simple imprisonment for three months and to pay fne of Rs. 1,000/-, in default to suffer simple imprisonment for one month, under Section 279 of the Indian Penal Code ii) Simple imprisonment for three months and to

- 2 - pay fne of Rs. 500/-, in default simple imprisonment for ffteen days under Section 337 of the Indian Penal Code.

iii) Simple imprisonment for one year and to pay fne of Rs.1,000/-, in default simple imprisonment for one month, under Section 338 of the Indian Penal Code.

iv) Simple imprisonment for one year and to pay fne of Rs. 2,000/-, in default simple imprisonment for two months, under Section 304-A of the Indian Penal Code.

v) Simple imprisonment for three months and to pay fne of Rs.1,000/-, in default simple imprisonment for one month.

3.

Appellate Court confrmed conviction under all the sections except under Section 304A of the Indian Penal Code. According to the appellate Court, the deceased did not die because of the dash given by the bus driven by the applicant. 4.

Considering the quantum of sentence and the fact that revision is not likely to come up for hearing in near future owing to

- 3 - pandemic situation, I am inclined to pass the following order :-

ORDER

i) Substantive sentence is suspended.

ii) Applicant be released on PR Bond of Rs.15,000/- (Rs.Fifteen Thousand) with one solvent surety in the like amount.

iii) Bail in the trial Court.

iv) Application stands disposed of.

( M. G. SEWLIKAR ) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 30 OF 2022 Balwant Prabhakar Chaudhari Applicant

Versus

The State of Maharashtra Respondent Mr. S.S. Jadhav, Advocate for the applicant.

Mrs. R.P. Gour, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 28th JANUARY, 2022.

PER COURT :

Issue notice to respondent returnable on 3rd March, 2022. Learned APP waives service of notice on behalf of the respondent. ( M. G. SEWLIKAR ) Judge dyb