Sudam S/O Karbhari Auti And ANR v. The State Of Maharashtra

criapln4768-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4768 OF 2015 IN CRIMINAL APPEAL NO. 701 OF 2015 1.

Sudam s/o Karbhari Auti, Age : 31 years, Occu. Agri.

2.

Karbhari s/o Tatyaba Auti, Age : 61 years, Occu. Agri.

Both r/o Mokal-Ohol, Taluka Rahuri, District Ahmednagar APPLICANTS

VERSUS

The State of Maharashtra RESPONDENT ---- Mr. Satej S. Jadhav, Advocate for the applicants Mr. P.N. Muley, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 21/09/2015 ORAL ORDER :

1.

Issue notice to the respondent. Learned A.P.P. waives service of notice for the respondent/State. 2.

Heard both sides.

3.

Mr. Satej S. Jadhav, learned counsel for the applicants, submits that the evidence would show that the deceased - wife of applicant/appellant No. 1 was made to marry with this applicant since she was

criapln4768-2015 suffering from psychological problem, though her parental relatives were well established in comparison to the present applicants. He further points to the evidence of the defence witness i.e. DW1 Dr. Amit Sapkal that the deceased was suffering from psychiatric illness.

4.

Upon hearing both sides and without making any comment on merit of the case, since the hearing of the appeal would take its own time, the substantive sentences are hereby suspended till the disposal of criminal appeal No. 701/2015. Upon deposit of the fine amount, if not already deposited, the applicants be released on their executing P.R. bond in the sum of Rs. 20,000/- (rupees twenty thousand) each and also upon furnishing surety each in the like amount.

.

The present application accordingly stands allowed and disposed of.

.

Hamdast granted.

[M.T. JOSHI] JUDGE npj/criapln4768-2015