Suresh @Navnath Ashokrao Waghmare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CRIMINAL APPLICATION NO.3038 OF 2021 IN APEAL/638/2021 WITH APEAL/638/2021 SURESH @NAVNATH ASHOKRAO WAGHMARE ..APPLICANT

VERSUS

THE STATE OF MAHARASHTRA ..RESPONDENT ...

Advocate for Applicant : Mr. P. N. Muley APP for Respondent-State: Mr. S. P. Sonpawale ...

CORAM : N.R. BORKAR, J.

DATE : 20.12.2021 PER COURT :- This is an application under Section 389 of Code of Criminal Procedure for suspension of sentence and to release the applicant on bail.

2.

The applicant came to be convicted for the ofence punishable under Section 307 of Indian Penal Code and sentenced to sufer rigorous imprisonment for fve years and to pay fne of Rs. 5,000/- in default to sufer two month simple imprisonment.

3.

I have heard the learned counsel for the applicant and learned A.P.P for respondent State.

4.

The learned counsel for the applicant submits that trial Court failed to appreciate the evidence on record in its correct perspective and arrived at wrong fndings. He further submits that the applicant was on bail during trial and he did not misuse the liberty granted to him. Accordingly it is submitted that substantive sentence be suspended and the applicant be released on bail.

5.

On the other hand, learned A.P.P for respondent State submits that applicant is convicted for serious ofence of attempt to murder. It is submitted that considering the nature ofence, the substantive sentence may not be suspended.

6.

This Court has already admitted the appeal fled by the present applicant. Admittedly, the applicant was on bail during the trial. According to Medical Ofcer nature of injury was simple. Considering these facts and the short term of sentence, I am inclined to suspend the substantive sentence imposed upon the applicant by the Trial Court and to release him on bail. Hence, the following order is passed :-

O R D E R

i.

The application is allowed.

ii.

The substantive sentence imposed upon the

applicant by the trial Court in Sessions Case No. 13 of 2018 vide order dated 30.11.2021 is suspended till fnal decision of the Appeal fled by the applicant.

Iii.

The applicant be released on bail, on executing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount.

iv.

Bail before the Trial Court ( N. R. BORKAR ) JUDGE ysk