Ravindra Murlidhar Shinde And Others v. The State Of Maharashtra

1 2-CrA-944-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 944 OF 2025 IN APEAL/173/2025 RAVINDRA MURLIDHAR SHINDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Anirudh R. Hange, Advocate for Applicants Mr. A.S. Shinde, APP for Respondent/State ...

CORAM : NITIN B. SURYAWANSHI AND SANDIPKUMAR C. MORE, J.J.

DATE : 14th JULY, 2025 PER COURT :

1.

By this application, applicants seek suspension of substantive sentence of life imprisonment imposed on them by learned Additional Sessions Judge, Beed, vide judgment and order dated 13/02/2025, passed in Sessions Case No.138/2021, for offence punishable under Section 302 read with 34 of the Indian Penal Code, for committing murder of Bhimrao Sasane. 2.

Heard learned advocate for applicants and learned APP for respondent/State. With their assistance, we have perused the record.

3.

Three accused persons were charged under Sections 302, 324, 504, 506 read with 34 of I.P.C. for assaulting informant and his family members with spade and wooden sticks. Trial Court

2 2-CrA-944-25.odt convicted the applicants. Due to assault on head by applicant No.1 Ravindra with spade, deceased suffered fracture of skull bone. 4.

After arguing at length on merits, when this Court was not inclined to grant bail to applicant No.1 Ravindra, learned advocate for applicants, on instructions, seeks permission to withdraw the application of applicant No.1. Permission granted. Application of applicant No.1 Ravindra Murlidhar Shinde is dismissed as withdrawn.

5.

Perusal of evidence led by the prosecution shows that applicants No.2 and 3 - Deepak and Murlidhar have assaulted deceased and others with sticks. They are held guilty for sharing the common intention of applicant No.1. Both the applicants were in jail from 28/06/2021 to 13/01/2022 and from 28/06/2021 to 09/03/2022 respectively. Taking into consideration the role attributed to them and the fact of their incarceration prior to the trial, we are inclined to grant them bail.

6.

Hence, the following order

ORDER

(i) Application of applicant Nos.2 and 3 is allowed. (ii) The substantive sentence of life imprisonment imposed on applicant No.2 Deepak Murlidhar Shinde and applicant No.3 Murlidhar Limbaji Shinde, by learned Additional Sessions

3 2-CrA-944-25.odt Judge, Beed, vide judgment and order dated 13/02/2025, passed in Sessions Case No.138/2021, is hereby suspended during the pendency of appeal.

(iii) Applicants Deepak Murlidhar Shinde and Murlidhar Limbaji Shinde be released on bail on furnishing personal bond of Rs.15,000/-, with one surety in the like amount. (iv) Hearing of the appeal is expedited.

(v) Criminal application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) (NITIN B. SURYAWANSHI, J.)