Sahebrao S/O Vitthalrao Vaidya (In Jail) v. State Of Mah., Thr. P.S.O. P.S. Washim, Dist Washim

1 CRI.APEAL 229.2020

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 229/2020.

Sahebrao S/o Vitthalrao Vaidya, ..VS..

The State of Maharashtra, through P.S.O., Police Station Washim, Dist. Washim. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. M. Daga, Advocate for appellant.

Mrs. S. V. Kolhe, A.P.P. for respondent.

CORAM : N. W. SAMBRE , J .

DATED : 21.07.2020 1.

Hearing was conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality was proper.

2.

Heard Mr. R. M. Daga, learned counsel for the appellant and Mrs. S. V. Kolhe, learned A.P.P. for the respondent.

3.

Admit.

4.

Call record and proceedings.

5.

Paper book be filed within six months.

CRIMINAL APPLICATION (APPA) NO. 260/2020.

6.

Heard learned counsel for the applicant/appellant and learned A.P.P. for the respondent.

2 CRI.APEAL 229.2020 7.

The accused was on bail during the trial. The sentence awarded by the Trial Court is maximum of 07 year's for an offence punishable under Section 395 of the Indian Penal Code. There are no criminal antecedent. 8.

The record depicts that the evidence in the form of identification parade - Panchnama Exh.82 and statement of P.W.3 Vidya and P.W.9 Ravi are formed to be basis for conviction.

9.

In my opinion, the case deserves reconsideration, sentence is suspended.

10. In view of above, applicant/accused is released on bail on same terms on which he was released on bail by Trial Court during the pendency of the case. Application stands allowed.

11. This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE Kirtak