Judgment · High Court

Cri. Appln.No.2883/2024:: 1 ::IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO.2883 OF 2024 INCRIMINAL APPEAL NO.644 OF 2024Majhar s/o Yunus Shaikh… APPLICANTVERSUSThe State of Maharashtra & anr.… RESPONDENTS.......Mr. Abhay R. Rathod, Advocate for applicant Mrs. Uma S. Bhosle, A.P.P. for respondent No.1Mr. Y.L. Bidve, Advocate for respondent No.2....… CORAM : R.G. AVACHAT ANDNEERAJ P. DHOTE, JJ.DATE : 8th AUGUST, 2024O R D E R : The respondent No.2 – informant has tendered hisaffidavit dated 1/8/2024 in support of the application forsuspension of sentence and bail. The same is taken on recordand marked as Exhibit ‘X’ for identification.2.This is an application for suspension of sentenceimposed by learned Special Judge (under SC & ST Act) andAdditional Sessions Judge, Udgir in Special Case (Atrocity)No.20/2022 by judgment and order dated 22/06/2024, Cri. Appln.No.2883/2024:: 2 ::convicting the applicant/ appellant for the offence punishableunder Section 326 of the Indian Penal Code and sentencing toundergo rigorous imprisonment for 5 years and to pay fine ofRs.10,000/-, in default to undergo R.I. for 6 months and furtherconvicting under Section 3(2)(v) of the Scheduled Castes andScheduled Tribes (Prevention of Atrocities) Act and sentencingto undergo imprisonment for life and to pay fine of Rs.5000/-,in default to undergo R.I. for 3 months. Both the sentenceshave been directed to run concurrently. 3.The case of the prosecution is that, the victim hadtaken loan for his autorickshaw. The applicant was a recoveryagent of the Finance Company. The applicant was demandingthe installments of the loan. On 15/12/2021 a quarrel tookplace between the applicant and the victim in respect ofinstalment, which resulted in assault by the applicant on thevictim. 4.It is submitted by learned Advocate for theapplicant that, considering the medical evidence on record, thepunishment of imprisonment for life is clearly disproportionate.He submits that, in the report, the informant/ injured hasspecifically stated that, he suffered injuries due to fall of Cri. Appln.No.2883/2024:: 3 ::giddiness. He submits that, he is behind bars for a period oftwo months and 18 days. He submits that, the informant(victim) has filed affidavit giving no objection for suspension ofsentence and releasing the applicant on bail.5.Learned A.P.P. opposes the application. Hesubmits that, due to the assault and considering the medicalevidence on record, and the nature of offence, the applicationbe rejected.6.Learned Advocate for respondent No.2 – informantsubmits that, the informant has no objection if this Court grantsbail to the applicant by suspending the sentences ofimprisonment imposed upon him. He placed on recordaffidavit of the respondent No.2 – victim in support of hiscontention.7.We have perused the evidence on record, injurycertificate which is at Exh.45, shows following injuries :-Sr.No.Name ofinjurySite of injuryMargins &DirectionsSize ofInjurySimple orgrievousWeaponusedAge ofInjuryRemarks1LaceratedwoundRt. forearmIrregular1 x 0.5 x0.5 cm. Simple(grievous)Hard< 12Hrs.On X-ray2IncisedwoundRt. preauricularareaIrregular1 x 0.5cm. SimpleSharpUndisplacedshaft # Rt.Ulna fracture3AbrasionBelow Rt. Scapula---2 x 1 cm. SimpleAfter Ortho.opinion Cri. Appln.No.2883/2024:: 4 ::8.The above injury certificate clearly show that, initially the word ‘simple’ in Column No.6 is scored and word‘grievous’ is written. Admittedly, there are no X-ray report forfracture brought on record by the prosecution. It is further notdisputed that the victim – respondent No.2 was never admittedas indoor patient in the hospital. From these aspects, primafacie the punishment in the nature of imprisonment for lifeappears disproportionate.9.In view of the above, we are inclined to suspendthe sentence imposed upon the applicant and proceed to passthe following order :O R D E R(i)The Criminal Application is allowed.(ii)Pending the appeal, the substantive sentences imposedupon the applicant by learned Special Judge (under SC & STAct) and Additional Sessions Judge, Udgir in Special Case(Atrocity) No.20/2022 by judgment and order dated 22/06/2024 Cri. Appln.No.2883/2024:: 5 ::to stand suspended and the applicant be released on bail onhis executing P.R. bond in the sum of Rs.50,000/- (Rupees fiftythousand) with one or two sureties in the like amount.(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-