Sachin @ Bhurya S/O Prakash Bankar And Another v. The State Of Maharashtra Through Pso Ps Pachpaoli Nagpur

1 appa109.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.109 OF 2018 IN CRIMINAL APPEAL NO.220 OF 2012 (Sachin @ Bhurya Prakash Bankar and another ..vs.. The State of Maharashtra, through PSO, PS Panchpaoli, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amit S. Band, Advocate for the appellants, Shri N.H. Joshi, Addl.P.P. for the respondent. CORAM : ROHIT B. DEO, J.

DATED : 05-02-2018 The convicted accused Sachin Bankar and Pravin Bankar and the injured complainant Lalit Sahani have preferred this application jointly seeking compounding of offence under Section 325 of the Indian Penal Code for which the accused-applicants 1 and 2 were convicted by the learned Sessions Judge, Nagpur, by the judgment and order dated 25-5-2012 rendered by the learned Sessions Judge, Nagpur in Sessions Trial 510/2007.

2.

I have perused the application seeking permission to compound the offence. The accused and the injured state that they have buried the past differences and intend to lead a peaceful life. All the disputes inter se have been resolved amicably, is the submission. The learned Additional Public Prosecutor Shri N.H. Joshi submits that the matter is entirely between the

2 appa109.18 complainant and the injured and is of course subject to permission being granted by this Court to compound the offence.

3.

I do not see any impediment in allowing the application for compounding the offence.

4.

However, I deem it appropriate to saddle costs of Rs.10,000/- each on both the accused and the injured complainant to be deposited with the High Court Legal Services Sub-Committee, Nagpur. In all fairness, the learned Counsel have no serious objection to the quantum of costs.

5.

Subject to payment of costs, which shall be paid within thirty days, the criminal application seeking compounding of offence, is allowed.

6.

The accused Sachin Borkar and Praveen Borkar are acquitted of offence punishable under Section 325 read with Section 34 of the Indian Penal Code. 7.

Their bail bonds shall stand discharged.

JUDGE adgokar