Bombay High Court
Sudam S/O. Ekanth Munde vs The State Of Maharashtra on 25 June, 2019
Author: Arun M. Dhavale
Bench: Arun M. Dhavale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 CRIMINAL APPLICATION NO. 1018 OF 2019
IN APEAL/249/2019 WITH APPLN/1017/2019 IN APEAL/249/2019
SUDAM S/O. EKANTH MUNDE AND ANR
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Appellants : Jadhav Satej S. APP for Respondent : Mr.A..A. Jagatkar.
CORAM : ARUN M. DHAVALE, J
DATE : 25/06/2019
PER COURT :
1. Accused No. 1 Sudam Munde is convicted by the learned Additional Sessions Judge, Beed in Sessions Case No. 29/2016 for offences under section 312, 314, 315 of the Indian Penal Code along with other accused and he is sentenced to suffer rigorous imprisonment for seven years, ten years and ten years respectively. Besides, fine amount of Rs. 50,000/- under each head. Accused No. 1 with another accused is also convicted for the offence under section 3 r/w S. 5(2), 4 r/w S. 5(3) of the Medical Termination of Pregnancy Act and sentenced to suffer seven years rigorous imprisonment respectively. He seeks suspension of sentence.
2. Learned advocate Mr. Jadhav submits that the present applicant has been acquitted for various other offences, for which he 1/3 ::: Uploaded on - 01/07/2019 ::: Downloaded on - 15/07/2019 05:08:30 :::
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3. Learned APP, on instructions, submits that no appeal has been filed against the acquittal of the applicant under other heads. 4 The applicant is convicted as one lady came to him at the instance of her husband for medical termination of pregnancy on account of fifth female child likely to be born. When she under went MTP she died. The Court held the applicant and his wife guilty under above referred offences.
5. There was direction that the substantive sentences shall run concurrently. Learned advocate Mr. Jadhav submits that the accused is in jail since 19.05.2012 i.e. for more than seven years. The entire fine amount is deposited.
6. Considering this fact, application for suspension is allowed.
7. The substantive sentence of the applicant is suspended subject to applicant furnishing P.R. bond of Rs. 1,00,000/- with one or two sureties in the like amount.
8. The applicant shall attend the Trial Court once in three months and shall attend this Court as and when directed. 2/3 ::: Uploaded on - 01/07/2019 ::: Downloaded on - 15/07/2019 05:08:30 :::
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9. The applicant shall not practice, as he has already surrendered the degrees.
10. The application is disposed of.
11. As far as Criminal Application No. 1017 of 2019 is concerned, the learned advocate Mr. Jadhav submits that he is not pressing the same immediately, but the matter be expedited.
12. Considering the facts, the appeal is expedited. The appellant shall provide private paper book.
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