Babarao S/O Shankar Madavi (In Jail) v. The State Of Maharashtra, Through P.S.O. Ralegaon, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.709 OF 2016 IN CRIMINAL APPEAL NO.88 OF 2016 Babarao S/o Shankar Madavi ..vs..

The State of Maharashtra, through Police Station Officer, Ralegaon, Taluka Ralegaon, District Yavatmal ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri M.P. Kariya, Counsel for the Applicant/Appellant. Shri A.V. Palshikar, Addll.P.P. for the Non-applicant/State.

CORAM

: P.N. DESHMUKH, J.

DATED : JANUARY 11, 2017.

Heard learned counsel for applicant and learned Additional Public Prosecutor for the nonapplicant/State. This application is filed for suspension of substantive sentence imposed upon the applicant. Learned counsel for the applicant has contended that applicant was on bail pending trial and has paid fine of Rs.5,000/- and has submitted that application be allowed as there is no possibility of appeal being heard in the near future.

The applicant is found convicted for the .....2/-

offence punishable under Section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of 4 years and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for 6 months.

It appears to be the case of prosecution that applicant and injured Madhukar Shankar Madavi, complainant are real brothers residing in neighbourhood. On 18.8.2012 when complainant was talking with his wife inside the house on certain domestic issue, wife of applicant mistakenly thought that she is being abused and thus quarrel took place between wife of complainant and applicant's wife. On noting these female quarreling, complainant told his wife to go to house when all of a sudden applicant arrived with knife and committed assault on his chest due to which he fell down. As per injury report and evidence of Dr. Prasanna Phadke, injured was found to have sustained two stab injuries on his chest and one incised wound on his left palm. The complainant was indoor patient for three days and was discharged from the Government Hospital on 21.8.2012.

In view of facts as aforesaid and since applicant was on bail pending trial while it is no case of prosecution that applicant while on bail had misused .....3/-

liberty granted to him, application is liable to be allowed as per order below:

ORDER

1. Substantive sentence imposed upon applicant stands suspended.

2. Applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount.

3. While on bail, applicant shall mark his presence with Ralegaon Police Station, District Yavatmal once in six months, pending appeal.

4. The criminal application is disposed of accordingly.

JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 12/1/2017 (Personal Assistant) ...../-