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Bombay High CourtAPPLN/618/2026disposed off

Ravindra Ravan Sonawane v. The State Of Maharashtra

2026-04-15Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2026:BHC-AUG:15810 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 618 OF 2026 IN CRIMINAL APPEAL (ST.) NO. 1569 OF 206 Ravindra Ravan Sonawane, Age : 41 years, Occu. : Waiter, R/o. Indiranagar, Fagne, Tq. & Dist. Dhule ... Applicant (Orig. Accused)

Versus

The State of Maharashtra, Through the Police Station, Investigating Officer, Dhule Taluka Police Station, Tq. & Dist. Dhule ... Respondent .....

Mr. Baig Mirza Mazhar Javed, Advocate for Applicant. Mr. P. P. Dawalkar, APP for Respondent - State. .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 10 APRIL 2026 PRONOUNCED ON : 15 APRIL 2026 ORDER :

1.

This is an application for suspension of sentence awarded by learned Additional Sessions Judge, (Court No.6), Dhule, in Sessions Case No. 40 of 2017 on 01.07.2025 for commission of offence punishable under sections 307, 324 and 323 of Indian Penal Code.

2.

Learned counsel submitted that, applicant is husband of

-2informant. There are allegations of assault after domestic quarrel. That, there is doubt about recovery of very knife. It is said to be produced by mother of informant. There are no blood stains on the knife or on the clothes of accused. That, there was no intention to commit the offence. However, learned trial Court has failed to appreciate the defence put up under section 313 of Cr.P.C. and convicted the accused. Conviction is of five years. That, applicant was on bail during trial and fine amount is paid. For above reasons, relief of suspension of sentence and grant of bail is pressed into service. 3.

Learned APP opposed on the ground that informant is wife of applicant. That, after getting drunk, accused stabbed his wife, after accused no.2 incapacitated her. That, serious offence was committed and moreover it is proved upon full-fledged trial. There is recovery of knife.

4.

Heard. Perused the papers. It appears that, present applicant and one Dipak were charge sheeted and tried by learned Additional Sessions Judge, Dhule for commission of offence under sections 307, 324, 323, 504 and 506 read with section 34 of IPC. It appears that, informant Surekha was married to applicant and they have four children. Applicant was said to be addicted to liquor and he used to pick up quarrel. On 07.04.2014, initially present applicant

-3allegedly abused and slapped informant and when deceased accused no.2 caught hold the hands of informant Surekha, present applicant stabbed her in the abdomen. During course of investigation, knife is shown to be seized from the spot. Medical expert PW4 Dr. Dahite, who is examined at Exh.47, has noted penetrating wound admeasuring 2 x 2 cm. on right hypochondrium of informant and she was operated for exploratory laparotomy. Doctor, in his evidence, after being confronted with the knife article, not only opined it to be capable of causing injuries noted by him, but also deposed the injury may have turned out to be fatal.

5.

Therefore, taking the above discussion which is proved on trial into account, and also taking the nature of allegations and quantum of sentence, this Court is not inclined to grant of relief of suspension of sentence. Hence, the following order is passed :

ORDER

The Criminal Application stands rejected.

(ABHAY S. WAGHWASE, J.) Tandale