Ashok Changdeo Pawar And ANR v. The State Of Maharashtra

{1} CRI.APPLN.1095 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 CRIMINAL APPLICATION NO.1095 OF 2021 IN APPEAL/259/2021 1.

Ashok S/o. Changdeo Pawar Age: 35 years, Occu.: Agri.

2.

Avinash S/o. Changdeo Pawar Age: 31 years, Occu.: Agri.

..Applicants (Orig. Accused)

VERSUS

.

The State of Maharashtra Through Police Station In-charge Washi Police Station, Dist.Osmanabad.

..Respondent ...

Advocate for Applicants : Smt.Satyavati K.Doke (Renge) APP for Respondent-State : Shri S.P.Deshmukh ...

CORAM : M.G.SEWLIKAR, J.

VACATION COURT DATE: 18th May, 2021 PER COURT:- 1.

Heard Smt.S.K.Doke, learned counsel for the applicants and Shri S.P.Deshmukh, learned APP for the respondent-State. 2.

Smt.Doke, learned counsel for the applicants argued that the injured was assaulted by the applicants on account of love afair between their sister and the injured. She submitted that there is delay of one day in lodging the FIR for which no explanation is forthcoming. She further submitted that statement of the injured was recorded after about one month of the incident. She submitted

{2} CRI.APPLN.1095 OF 2021 that spot panchanama is also not proved. Medical certifcate cannot be relied upon as identifcation marks of the injured are not noted on the certifcate. Age of injury is also not mentioned in the certifcate. Ignoring all these aspects, learned Additional Sessions Judge has recorded conviction against the accused. She submitted that considering the quantum of punishment and peculiar situation created due to Covid 19, applicants be released on bail by suspending the sentence.

3.

Shri Deshmukh, learned APP for the respondent-State vehemently opposed suspension of sentence. He submitted that sufficient evidence is there on record for recording conviction. 4.

Having regard to the submissions made by the learned counsel for the applicants and the fact that the appeal is not likely to be heard in near future, I am inclined to suspend the sentence. In view of this, application is allowed. Substantive sentence is suspended till disposal of the appeal.

5.

Applicants be released on bail on executing P.R.Bond of Rs.75,000/- each with one solvent surety in the like amount. 6.

Bail be furnished in the trial Court.

( M.G.SEWLIKAR ) JUDGE SPT