Suresh Digambar Borse And Others v. The State Of Maharashtra

( 1 ) 915 cri apln 3014.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CRIMINAL APPLICATION NO.3014 OF 2021 IN REVN/180/2021 SURESH DIGAMBAR BORSE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Sawant Amol S.

APP for Respondents/State : Mr. G.O. Wattamwar ...

CORAM : M.G. SEWLIKAR, J.

DATE : 15th December, 2021 P.C.:- Heard.

2.

Issue notice to the respondent-state. Learned APP waives notice. 3.

Both the Courts below have convicted the applicants under Section 326 of the I.P.C. However, on perusal of the judgment of the Appellate Court, it appears that the injured did not suffer any grievous injury even then conviction under Section 326 of the I.P.C. has been recorded. In view of this, following order is passed:

ORDER

I) Criminal Application is allowed.

( 2 ) 915 cri apln 3014.21 II) Substantive sentence is suspended till the disposal of the revision. III) Applicants be released on PR bond of Rs.15,000/- each with one solvent surety in the like amount each.

IV) Bail in the trial Court.

[M.G. SEWLIKAR, J.] mub