Bombay High Court
Vijay Ramdas Mane vs The State Of Maharashtra on 31 July, 2023
Author: S. G. Mehare
Bench: S. G. Mehare
2023:BHC-AUG:16141
1 59-CrAn-2641-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2641 OF 2023
IN APEAL/655/2023
VIJAY RAMDAS MANE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant/State : Mr. Dhanraj Ingole holding for
Mr. Nilesh S. Ghanekar
APP for Respondent : Mr. K. S. Patil
...
CORAM : S. G. MEHARE, J.
DATE : 31-07-2023
PER COURT :-
1. Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.
2. The applicant is seeking suspension of sentence imposed upon him to suffer rigorous imprisonment for two years for the offence punishable under Section 325 of the Indian Penal Code, in Sessions Case No.71 of 2022, by the learned Additional Sessions Judge, Shrigonda, District Ahmednagar, vide judgment and order dated 15.07.2023.
3. The learned counsel for the applicant would submit that since the applicant was under-trial prisoner, he could not get the sentence suspended though he had been sentenced to suffer ::: Uploaded on - 01/08/2023 ::: Downloaded on - 02/08/2023 06:12:27 ::: 2 59-CrAn-2641-23.odt imprisonment less than three years. However, the charges for the offences punishable under Sections 302, 323 504 read with Section 34 of the Indian Penal Code against him have not proved. He has undergone the substantial period of imprisonment. He has a good case on merit. The intention and knowledge is missing in the case. There are no antecedents to his discredit. Hence, the sentence may be suspended till conclusion of the trial.
4. The learned A.P.P. would submit that the applicant was tried for serious offence of murder. The incident has been proved. The reasons for delay in lodging the first information report have been accepted by the learned Additional Sessions Judge. The material was put before the Court. The intention ought to have been gathered from the conduct and acts of the applicant and other accused, but the learned Additional Sessions Judge brushed aside the intention and wrongly assigned the reasons for missing the intention and knowledge. However, the Investigating Officer instructed him that till date the proposal to prefer an appeal against the impugned judgment and order has not been prepared and sent to the Law and Judiciary Department.
5. The applicant has been sentenced to suffer a short-term sentence of two years for the offence punishable under Section 325 of the Indian Penal Code. He has undergone sentence about 16 and ½ months. There were no antecedents against him. ::: Uploaded on - 01/08/2023 ::: Downloaded on - 02/08/2023 06:12:27 :::
3 59-CrAn-2641-23.odt Taking the facts into consideration in toto, the Court is of the view that this is a fit case to exercise discretion under Section 389 of the Code of Criminal Procedure. Hence, the order:-
i) Application is allowed. ii) The execution, implementation, effect and operation of the
sentence imposed upon the applicants, in Sessions Case No.71 of 2022, vide judgment and order dated 15.07.2023, by the learned Additional Sessions Judge, Shrigonda, District Ahmednagar, to suffer rigorous imprisonment for two years for the offence punishable under Section 325 of the Indian Penal Code, is suspended till conclusion of the appeal.
iii) Applicant Vijay s/o. Ramdas Mane be released on bail on furnishing P.B. and S.B. of Rs.50,000/-, with one solvent surety of like amount.
iv) Bail before the learned Additional Sessions Judge at Shrigonda, District Ahmednagar.
( S. G. MEHARE ) JUDGE rrd ::: Uploaded on - 01/08/2023 ::: Downloaded on - 02/08/2023 06:12:27 :::