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Bombay High CourtAPPA/229/2023allowed

Bhagwan S/O Madhukar Kedar v. State Of Mha. Thr. Pso Ps Andhera Dist.Buldhana

2023-09-11Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Valmiki Menezes2 pages

2023:BHC-NAG:13461-DB

(1) appa229.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.229/2023 Bhagwan s/o Madhukar Kedar Vs. State of Maharashtra ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C.G.Barapatre, Advocate for applicant.

Mr. V.A.Thakare, APP for respondent/State.

CORAM :

NITIN W. SAMBRE AND VALMIKI SA MENEZES JJ.

DATED : 11/09/2023 1.

Heard.

2.

In Sessions Trial No.87/2012, the applicant/accused came to be convicted for the offences punishable under Section 307 and 504 of the Indian Penal Code and he is sentenced to suffer life imprisonment. 3.

We are informed that the applicant had also paid fine amount. Apart from present conviction, no criminal antecedents are against the present applicant.

4.

We have perused the testimonies of PW 1 - Complainant and PW 2 - Victim. The victim was shifted to Government Medical hospital at Aurangabad and there is unexplained delay of six days in lodging FIR. Apart from the above, the applicant was on bail during the trial.

5.

That being so, the application stands allowed.

(2) appa229.23 6.

The applicant be released on bail on such terms and conditions, as were imposed during the trial while releasing him on bail. 7.

Application stands disposed of accordingly.

Criminal Appeal No.121/2023 8.

Learned counsel for the applicant assures that paper book shall be filed within six months from today. Statement is accepted. (VALMIKI SA MENEZES, J.) (NITIN W. SAMBRE, J.) ambulkar