Ram S/O. Bhagwan Shinde And Others v. The State Of Maharashtra And ANR

927-WP-1587-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1587 OF 2018 Ram Bhagwant Shinde and Others ..PETITIONERS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. S.A. Ambad, Advocate for petitioners Mr. S.P. Sonpawale, A.P.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT, J.

DATED : 16th FEBRUARY, 2022 PER COURT :

1.

Heard.

2.

The challenge in this petition is to order dated 24th April, 2018 passed by the Additional Sessions Judge, Ambajogai below Exhibit 1 in Criminal Appeal No. 9 of 2015. The appellant therein was convicted for the offences punishable under Sections 326, 324 and 506 read with Sections 148 and 149 of the Indian Penal Code ('I.P.C.').

Earlier, this Court in Criminal Application No. 2218 of 2015 vide order dated 23rd September, 2015 endorsed the compromise in relation to offence punishable under Section 326 read with Section 34 of the I.P.C. 1 / 2

927-WP-1587-18.odt between the victim and co-accused. The appellate Court, however refused to endorse the compromise in relation to offence punishable under Section 326 read with Section 149 of the I.P.C. accepting the compromise in relation to other offences for which the appellants therein were convicted. 4.

Since the parties are arrived at an understanding and this Court, in Criminal Application No. 2218 of 2015, had endorsed the compromise in relation to Section 326 of the I.P.C., this petition is allowed in terms of prayer clause (B).

( R.G. AVACHAT, J. ) SSD 2 / 2