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Bombay High CourtAPPLN/6140/2014application allowed

Ashok S/O Ramrao Wahule v. The State Of Maharashtra

2016-10-25Hon'Ble Shri Justice Nitin W. Sambre2 pages

6140.14crapln (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6140 OF 2014 IN CRIMINAL REVISION APPLICATION NO. 245 OF 2014 Ashok s/o Ramrao Wahule ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr R. D. Biradar, Advocate h/f Mr G. V. Mohekar, Advocate for applicant;

Mr N. T. Bhagat, A. P. P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 25th OCTOBER, 2016 ORAL ORDER :

Heard.

2.

The applicant was convicted for the offence punishable under Sections 279, 304(A) and 338 of Indian Penal Code by the learned Judicial Magistrate First Class, Parli-Vaijnath vide Judgment and order dated 10th March, 2004 passed in Summary Criminal Case No. 979 of 2003, which was modified by the learned Additional Sessions Judge, Ambajogai vide judgment and order dated 5th

6140.14crapln (2) November, 2014, passed in Criminal Appeal No. 6 of 2004, acquitting the applicant-accused to the extent of offence under Section 338 of Indian penal Code. As such, the applicant has preferred criminal revision application against the conviction.

3.

It is informed that the applicant was on bail during the trial, so also during pendency of appeal.

4.

In view thereof, substantive sentence is suspended and applicant be admitted to bail on the same terms on which he was released on bail by the learned trial Court.

5.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe