Shankar S/O Laxman Jadhav And Other v. The State Of Maharashtra

902.APPLN.1877.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1877 OF 2016 IN CRIMINAL APPEAL NO. 212 OF 2016 Shankar Laxman Jadhav and Others ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENTS ....

Mr. V.P. Raje, Advocate h/f Mr. C.R. Deshpande, Advocate for applicants. Mr. S.N. Morampalle, APP for respondent.

....

CORAM : INDIRA K. JAIN, J.

DATED : 1st APRIL, 2016 ORDER :

.

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

2.

Heard Mr. Raje, learned Counsel holding for Mr. C.R. Deshpande, learned Counsel for applicants and Mr. Morampalle, APP for State. Perused judgment and order of conviction dated 17.03.2016 passed by learned Additional Sessions Judge, Latur in Sessions Case No. 17 of 2010.

3.

Applicants were tried for offences punishable under Sections 307, 323 and 504 read with Section 34 of the Indian Penal Code. S.S.DESHPANDE 1 / 2

902.APPLN.1877.16.doc Learned Additional Sessions Judge convicted applicants of offence punishable under Section 324 read with Section 34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for six months with fine of Rs.500/- each in default rigorous imprisonment for 15 days.

4.

As major offence is brought to a lower scale and short term sentence is imposed, this Court is inclined to suspend the substantive sentence of imprisonment. Accordingly the following order:

O R D E R

I) Criminal Application No. 1877 of 2016 is allowed in terms of prayer clause B.

II) Applicants Shankar Laxman Jadhav, Balaji Shankar Jadhav, Hanmant Shankar and Pandu Nagnath Jadhav are released on bail on P.R. and S.B. of Rs. 10,000/- (Rupees Ten Thousands Only) each.

III) Bail before the Trial Court.

( INDIRA K. JAIN, J. ) S.S.DESHPANDE 2 / 2