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Bombay High CourtAPPA/584/2019allowed

Rajendra Haribhau Tadaskar v. State Of Mah., Thr. Pso Ps Teosa Dist Amravati

2019-06-26Hon'Ble Shri Justice Rohit Baban Deo1 pages

appa584of19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) 584 OF 2019 IN CRIMINAL APPEAL 438 OF 2019 (Rajendra Haribhau Tadaskar & anr..vs.. State, thr PSO PS Teosa) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.W. Mirza, counsel for applicants.

Shri T.A. Mirza, APP for respondent.

CORAM: ROHIT B. DEO, J.

DATE: 26 th JUNE, 2019.

The applicant 1 is convicted of offence punishable under section 325 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years. The appellant 2 is convicted of offence punishable under section 324 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year. The sentence is suspended by the trial Court. Even according to the prosecution, there was a scuffle and the deceased fell down and sustained head injury which caused death.

Considering the nature of accusation, material on record and the duration of sentence, I am inclined to suspend the substantive sentence.

The substantive sentence is suspended.

The appellants shall be released on bail as in trial Court.

The appellants shall attend each date of hearing of this appeal.

JUDGE rsb