Mr Bhaskar Kashinath Malsane v. State Of Maharashtra

903-IA-2957-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.08.09 10:10:15 +0530 SATISH RAMCHANDRA SANGAR INTERIM APPLICATION NO.2957 OF 2024 IN CRIMINAL REVISION APPLICATION NO.397 OF 2024 Bhaskar Kashinath Malsane ...Applicant v/s.

The State of Maharashtra

...Respondent

***** Mr.Narayan Rokade i/b. Mr.Ajinkya Vilas Taskar:- Advocate for Applicant.

Mr.Ashok Gawai:- APP for Respondent - State.

***** CORAM :

S. M. MODAK, J.

DATE :

2nd AUGUST 2024 P. C. :- 1.

Heard learned Advocate Shri.Rokade for the Applicant. 2.

There is a conviction for the offences under Sections 352, 323, 506 (Part-I) and 504 of the Indian Penal Code, 1860.1 There is acquittal for the offence punishable under Section 353 of IPC. 3.

Following contentions were raised:- IPC Satish Sangar 1/2

903-IA-2957-2024.doc (i) Independent witnesses were not examined though available.

(ii) The Investigating Officer is not examined.

(iii) Summary trial procedure is applicable whereas, the statement under Section 313 of the Code of Criminal Procedure, 19732 was not recorded in Marathi. (iv) As per Section 265 of Cr.P.C., the language is Marathi. There is also a Government Resolution to that effect.3 It is taken on record.

(v) He relied upon the following judgments:- (a) Prashant P. Giri and others v/s. State of Maharashtra and others4 (b) Pratap Prakash Jadhav v/s. The State of Maharashtra and Anr.5 4.

Stand over to 5th August 2024. To be listed "High on Board". [S. M. MODAK, J.] Cr.P.C.

General Administration Department : 21st July 1998. 2010 SCC OnLine Bom 733 Writ Petition No. 10021 of 2022 : 7th September 2022 : Bombay High Court Satish Sangar 2/2