Application to stay the order of conviction and sentence pending the final hearing of the appeal. The Division Bench allowed the stay as the prima facie case indicated insufficient material to show the applicant was responsible for the death or assault.
Stay granted on the order of conviction until final hearing of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S
1 appa1712.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1712 OF 2012 IN CRIMINAL APPEAL NO.816 OF 2005
Babasaheb Dadasaheb Koli .. Applicant. Vs. State of Maharashtra .. Respondent.
Smt.R.R.Dhuru for the applicant. Shri H.J.Dedhia APP for the State.
CORAM : V. M. KANADE & P. D. KODE, JJ.
DATED : 27TH NOVEMBER, 2012
P.C.
2 appa1712.12
death of that person and, therefore, chargesheet was filed and applicant was charged for the offence punishable under section 302, 323 of Indian Penal Code. The prosecution examined six witnesses. None of these witnesses supported the prosecution case. The trial Court acquitted the applicant for offence punishable under section 302 of IPC and, however, convicted him for offence punishable under section 323 and sentenced him to suffer imprisonment till rising of the court and imposed fine of Rs.1,000/-. The State being aggrieved by the said order filed appeal against acquittal and also appeal for enhancement of sentence. Leave was granted by this court. Though said appeal is pending. The applicant also preferred appeal against sentence imposed by the Sessions Court convicting him for the offence under section 323 of IPC. Since the appeal was filed by the State against the order of acquittal of the applicant for the offence punishable under section 302, the said appeal has been admitted by the Division Bench. Since the applicant also has preferred appeal which was filed before the Single Judge, this appeal and other appeal filed by the State, since they are arising out of common judgment, both these matters have been placed before the Division Bench.
3 appa1712.12
not made out.
(P. D. KODE, J.)
(V. M. KANADE, J.)
1 issue framed by the court
Whether to grant a stay on the order of conviction and sentence pending final hearing of the appeal.
Babasaheb Dadasaheb Koli
State of Maharashtra
V. M. Kanade
P. D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
