Vijay Mahadev Devre v. The State Of Maharashtra

1 APPLN838.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 838 OF 2015 IN CRIMINAL REVISION APPLICATION NO. 29 OF 2015 Vijay Mahadev Devre ... Applicant

VERSUS

The State of Maharashtra ... Respondent ..........

Mr Shaikh Naseer, Advocate for the applicant Mr K. S. Patil, APP for respondent/State .............

CORAM : INDIRA K. JAIN, J.

DATE : 25TH JANUARY, 2016.

PER COURT:

.

Issue notice to respondent. Learned APP waives service of notice for respondent/State.

2.

Heard. Perused the impugned judgment and order of conviction passed by the learned Additional Sessions Judge, Bhusawal in Special Case No. 2 of 2014.

2 APPLN838.2015 3.

Applicant was prosecuted for the offences punishable under Sections 342 and 354 of the Indian Penal Code, Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7(1)(d) of the Protection of Civil Rights Act, 1955.

4.

Charge was framed against the accused by the learned Additional Sessions Judge, Bhusawal. Accused pleaded not guilty and claimed to be tried.

5.

During trial, prosecution examined in all four witnesses. Relying upon the evidence of the prosecution witnesses, trial Court convicted the accused and imposed different sentences for the offences mentioned herein above.

6.

The learned counsel for the applicant submits that, applicant was on bail during trial. The application for suspension of

3 APPLN838.2015 sentence of imprisonment is not seriously objected. Hence, the following order.

ORDER

(i) Criminal Application No.838 of 2015 is allowed. (ii) The effect and operation of the substantive sentence of imprisonment is suspended on applicant's furnishing security and executing the fresh bonds in the same amount as was executed before the trial Court. (iii) Bail in the trial Court.

[ INDIRA K. JAIN, J. ] sgp