Haribhau Annasaheb Late v. The State Of Maharashtra And Another

2024:BHC-AUG:12740-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 48 OF 2024

1. Haribhau Annasaheb Late (Deleted as per order dated 15/03/2024, since he has filed separate appeal)

2. Bhavdya @ Bhausaheb Gorakh Pawar Age: 35 years, Occu.: Labour, R/o Lamgavan, Tq. Paithan Dist. Aurangabad

3. Badri Kashinath Shinde Age: 48 years, Occu.: Labour, R/o Amrapur Waghundi, Tq. Paithan, Dist. Aurangabad

4. Narayan Sarjerao Dolas (Abated vide order dated 08/11/2023) ..APPELLANT

VERSUS

State of Maharashtra Through P.S.O. Police Station Bidkin, Tq. Paithan, Dist. Aurangabad ..RESPONDENT WITH CRIMINAL APPEAL NO. 311 OF 2024 Haribhau Annasaheb Late Age: 59 years, Occu.: Nil, R/o Central Jail, Dist. Aurangabad ..APPELLANT

VERSUS

1. State of Maharashtra

2. Nanasaheb Laghane Age: 55 years, Occu.: Agri., R/o c/o Police Station, Bidkin, Tq. Paithan, Dist. Aurangabad ..RESPONDENTS 1 / 3

....

Mr. N.S. Kadarle, Advocate for appellants in APEAL/48/2024 Mr. M.M. Parghane, Advocate for appellant in APEAL/311/2024 Mrs. S.N. Deshmukh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 01st JULY, 2024 OPERATIVE ORDER :

For the reasons recorded separately, following order is passed :-

ORDER

(I) Impugned judgment and order dated 06th July, 2017 passed by Additional Sessions Judge, Aurangabad in Sessions Case No. 31 of 2013 is set aside to the extent of Appellant No.3 - Badri Kashinath Shinde whereby he was convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. He stands acquitted thereof. Fine amount paid for the said offence, if any, be refunded to him.

(II) Conviction and consequential sentence of Appellant No.3 - Badri Kashinath Shinde, vide the impugned judgment and order for the offence punishable under Section 323 read with Section 34 of the Indian Penal Code, stands upheld. He has already been released on PR bonds just three days before i.e. on 27th June, 2024. Since he has already undergone the sentence more than which is imposed for the said offence, he need not surrender back to jail. His PR bonds stand cancelled.

(III) Criminal Appeal No. 48 of 2024 is kept pending since Appellant No.2 - Bhavdya @ Bhausaheb Gorakh Pawar 2 / 3

has jumped the parole. Issue non-bailable warrant against him for securing his presence.

(IV) Criminal Appeal No. 311 of 2024 stands dismissed. (V) Fees of Mr. N.S. Kadarle, learned counsel appointed to represent Appellant No.3 - Badri Kashinath Shinde in Criminal Appeal No. 48 of 2024, is quantified to Rs.15,000/- (Rupees Fifteen Thousand) to be paid by Legal Services Sub-committee, High Court, Aurangabad.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 3 / 3