Bombay High CourtAPPA/81/2016allowed

Ajay S/O Panjabrao Mahalle (In Jail) v. The State Of Maharashtra, Through P.S.O. Wadgaon Road, Yavatmal

2016-03-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa81.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (A PPA ) NO.

8 1/2016 Ajay s/o Panjabrao Mahalle ..Versus..

The State of Maharashtra, through P.S.O. Wadgaon Road, Yavatmal, Tq. and Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 1.3.2016 Heard Shri C.S. Dharmadhikari, advocate for the appellant and Shri T.A. Mirza, A.P.P. for the respondent. The appellant is seeking suspension of sentence of 5 years imposed by the Sessions Court after finding him guilty for the offence punishable under Section 307 of the Indian Penal Code.

The learned advocate for the appellant has submitted that the amount of fine is deposited. It is further submitted that the appellant is not involved in any crime earlier and the

2 appa81.16 accused was on bail during the trial and nothing adverse was reported against him.

Considering the above facts, the material on the record and the pendency of the appeals of earlier years of accused who are in jail and the remote possibility of the appeal being heard in near future, the following order is passed: The sentence imposed on the appellant by the learned Additional Sessions Judge by the judgment delivered in Sessions Trial No.126/2012 on 31 st October, 2015 for the offence punishable under Section 307 of the Indian Penal Code is suspended. If the custody of appellant is not required in any other case, he be released on bail on the same terms and conditions on which he was released on bail during the pendency of the trial. The application is allowed in the above terms.

JUDGE Tambaskar.