Babusingh Dhumsingh Gadiwale v. The State Of Maharashtra

1 Cr. Appeal-586/2014-Operative Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 586 OF 2014 Babusingh Dhumsingh Gadiwale Age 32 years, Occu. Presently nil R/o Nanded Tq. Dist. Nanded (At present in Jail) .. Appellant (Original Accused) Vs.

The State of Maharashtra .. Respondent ---- Mrs. Ranjana D. Reddy, Advocate for the appellant Mrs. B.B. Gunjal, A.P.P. for the respondent/State ----

CORAM

: M.T. JOSHI, J.

RESERVED ON : 16/06/2015 PRONOUNCED ON : 25/06/2015 OPERATIVE ORDER :

For the reasons recorded separately in the judgment pronounced today, the following order is passed:

2.

The appeal is hereby partly allowed.

3.

The appeal is dismissed as regards the conviction recorded by the learned Additional Sessions Judge-2, Nanded in Sessions Case No. 6 of 2009.

2 Cr. Appeal-586/2014-Operative Order 4.

The judgment and order of the learned Additional Sessions Judge-2, Nanded dated 15/07/2014, sentencing the present appellant - Babusingh Dhumsingh Gadiwale to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- in default to suffer rigorous imprisonment for one month, is hereby set aside.

.

Instead, it is hereby directed that the appellant - Babusingh Dhumsingh Gadiwale shall suffer imprisonment for the period already undergone by him and also upon payment of fine of Rs.1,000/-.

5.

Certified copy of the judgment shows that the fine amount is already deposited, hence, the appellant - Babusingh Dhumsingh Gadiwale be forthwith released, in case, he is not required in any other offence. 6.

Appeal is accordingly disposed of.

Sd/- [M.T. JOSHI] JUDGE arp/