Allowed

Devanand S/O Sukhdev Gavai and Another v. the State of Maharashtra through the Pso Pinjar Ps Taluka Akola

Bombay HC23 Oct 2024APPA/784/2024

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Case brief

AI extract

What is this about?

Criminal Application regarding senior citizen status and suspension of sentence.

What did the court decide?

Execution of substantive sentence suspended pending final disposal of appeal; applicant released on bail on furnishing PR Bond of Rs. 50,000/- with one surety.

What the court decided

Devanand S/O Sukhdev Gavai and Another Vs the State of… — Bail and Remand | Bombay HC (2024)

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1 3 appa 784.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APPA) NO. 784/2024 IN CRIMINAL APPEAL NO. 446/2024

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(Devanand s/o. Sukhdeve Gavai & anr. Vs. State of Maharashtra )

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr/Ms. F.N. Haidari, Advocate for applicant. Mr. A. Badar, APP for non-applicant/State.

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CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ. DATED : 23/10/2024.

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Heard.

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By this application, the applicant is seeking suspension of execution of sentence passed in Sessions Case No. 220/2019, whereby the applicant No. 2 has been convicted for the offecne punishable under Section 302 read with Section 34 of the Indian Penal Code.

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It is prosecution case that the applicants are are neighboring resident of the informant lady Kamalabai. Deceased Ravi was son of the informant. The relations in between two families are strained. The informant lady on the date of occurrence in the afternoon on return to the house, saw that co-accused Devanand was assaulting Ravi by means of stick. At the relevant time, applicant Pramila who is wife of Devanand caught hold Ravi and thus, facilitated Devanand in the assault. Later Ravi succumbed to injury while in the way to the hospital.

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2 3 appa 784.24

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The prosecution mainly relied on the evidence of two eye-witnesses i.e. PW-1 Kamlabai and PW-2 Ankush Sonone. Besides that, some other witnesses have been examined. Medical evidence discloses that there were several abrasions, but the cause of death is due to injury Nos. 2, 13 and 14 which are contusion below right eyebrow, lacerated wound at over occipital region muscle deep, scalp deep and over left mastoid. The weapon used in the commission of crime is wooden stick.

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PW-1 Kamalabai stated in her evidence that when she returned to the house, co-accused Devanand was assaulting Ravi by means of stick whilst applicant Pramila caught hold Ravi. It is pointed that the informant stated the restricted role of applicant Pramila to the extent of holding deceased at the time of occurrence. PW-2 Ankush stated about the assault by both, however it is argued that it is inconsistent with the evidence of PW-1 Kamalabai and the oral dying declaration.

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The applicant’s submission that the offence under Section 302 of the Indian Penal Code may not attract, which requires consideration. The applicant lady is behind the bar from last more than two years. The appeal will take its own time for disposal. During the course of trial, applicant Pramila was on bail. The applicant has not used any dangerous weapon, but allegedly facilitated her husband. It is doubtful whether the applicant has actually dealt blow which is the matter to be appreciated at the time

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3 3 appa 784.24

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of final hearing.

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Having regard to the above circumstances, we are inclined to exercise our discretion.

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In view of above, application is allowed. Execution of substantive sentence passed in Sessions Case No. 220/2019 against applicant Pramila stands suspended till final disposal of appeal.

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In the meantime, applicant Pramila @ Manda w/o Devanand Gavai shall be released on bail on her furnishing PR Bond of Rs. 50,000/- with one surety in the like amount.

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( ABHAY J. MANTRI, J.) (VINAY JOSHI, J.)

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Gohane

Devanand S/O Sukhdev Gavai and Another v. the State of Maharashtra through the Pso Pinjar Ps Taluka Akola

Case brief

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What the court decided

Devanand S/O Sukhdev Gavai and Another v. the State of Maharashtra through the Pso Pinjar Ps Taluka Akola

Case brief

What is this about?

What did the court decide?

What the court decided

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