Raju S/O Babulal Dange And Another (In Jail) v. State Of Maharashtra, Through P.S. P.S.O. Kalamana, Nagpur

apeal222.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 222/2015 Raju s/o Babulal Dange and other ..vs.. State of Maharashtra through PSO P. S. Kalamna, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. K. Bhangde, Advocate for appellant.

Mr. M. J. Khan, A.P.P. for respondent.

CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ.

DATE : JUNE 21, 2016 CRIMINAL APPLICATIONI NO.671/2015 Heard.

The applicants have approached this Court for suspension of sentence and for the relief of bail. As held by the Apex Court, detailed elaboration of the evidence at this stage would neither be in the interest of the accused nor the prosecution.

However, from the material placed on record, prima facie, it cannot be said that the order of conviction passed by the learned trial Judge has been passed on no evidence. Prima facie, the learned trial Judge has come to the conclusion that the prosecution has proved the circumstances of last seen together as well as recovery of incriminating material on the memorandum under Section 27 of the Indian evidence Act.

In that view of the matter, we are not inclined to consider the prayer for suspension of sentence and for grant of bail. The application is, therefore, rejected. JUDGE JUDGE kahale