Vinod Sahebrao Thakare v. ORDER1)The application stands allowed, subject to the conditionthat

IN THE JUDICATURE OF HIGH COURT AT BOMBAYBENCH AT AURANGABAD929 CRIMINAL APPLICATION NO. 2705 OF 2025 IN APEAL/537/2025Vinod Sahebrao ThakareVERSUSThe State Of Maharashtra...Advocate for Applicant : Mr. Bhosle Pratik ArvindAPP for Respondents-State: Mr. D. J. Patil …CORAM : ARUN R. PEDNEKER, J.Dated : August 06, 2025.PER COURT :-1.Heard both sides.2.The present application has been filed by the original accused forsuspension of the substantive sentence imposed on him in Sessions CaseNo.40 of 2017, decided on 07/07/2025 by the learned Additional SessionsJudge, Shahada, District Nandurbar. The applicant has been convicted asunder : -“1.Accused Vinod Sahebrao Thakare is hereby convicted for the offencep/u/s 304 (Part II) of the IPC vide the provisions of section 235 (2) of the Cr.P.C& sentenced to suffer Rigorous Imprisonment for 10 years. He shall pay fine ofRs.10,000/- in default, he shall suffer further R.I. for three months. ”3.The learned Counsel for the applicant submits that the applicant hasbeen convicted under Section 304 Part II of the IPC and sentenced to 10years’ Rigorous Imprisonment. It is submitted that the applicant hasundergone incarceration for a period of three years and three months. Thelearned Counsel contends that the sentence imposed is excessiveconsidering the nature of injuries, and that prima facie it cannot be held thatthe applicant caused such injuries as would result in the death of the victim. Page 1 of 3 929 CA 2705-20254.The learned Counsel further relies on the findings of the Trial Court inparagraph No.16 of the judgment, which records the medical evidence asunder : -“16] The evidence of Medical Officer Shaikh Allauddin (PW7) is recordedvide Exh.38. The PW7 deposed that, on 17/03/2017 he was on duty. Hefurther deposed that on that day he conducted the postmortem of deceasedBharat Bhima Thakare alongwith Dr.Rajendra Valvi. He further deposed that, he has noticed the following injuries sustained to him. (i) injuries contusion over neck anterior right and left side of neck, measuring 12 c.m. x 5 c.m. and underlying subcupaneous tissuehemorrhagic noted and muscles at injury site hemorrhagic noted.(ii) Contusion over left shoulder joint and left arm laterally like as stickimpression. Measuring 10 c.m. x 3 c.m. and underlying subcupaneous tissuehemorrhagic.(iii) Contusion over left clavicle in middle. 2 x 1 c.m. . The Medical officerfurther deposed that, he found following internal injury ;(i) Fracture of thyroid cartilage and cricoid cartilage, larynx and tracheathyroid gland. Hemorrhagic in neck region. Laceration of trachea notedanterior 3 cm x 1/2 c.m. Blood clots noted in cavacity of larings, trachea andbronchial tree.”5.The learned Counsel further submits that the injuries were allegedlycaused by a wooden log, but the Trial Court has noted that it is not knownwhether the wooden log was carried by the applicant or taken from theplace of assault. 6.The learned APP strongly opposed the application for suspension ofsentence. He submitted that the applicant has been convicted for a seriousoffence under Section 304 Part II of the IPC, involving the culpablehomicide of the deceased. He further submitted that considering thePage 2 of 3 929 CA 2705-2025gravity of the offence, the sentence of 10 years' rigorous imprisonmentcannot be termed excessive. 7.Considering the nature of the injuries and the submissions advanced, particularly the contention that the offence may fall within the ambit ofSection 325 or 326 of the IPC rather than Section 304 Part II, and takinginto account that the applicant has undergone incarceration for three yearsand three months, the substantive sentence imposed on the applicantdeserves to be suspended till final hearing and disposal of the appeal, subject to the condition that the fine amount shall be deposited before theTrial Court, if not already deposited, and on the following terms:ORDER1)The application stands allowed, subject to the conditionthat the applicant shall deposit the fine amount before theTrial Court, if the same has not already been deposited.2)The sentence imposed on the applicant/appellant inSessions Case No.40 of 2017 is hereby suspended till the finalhearing and disposal of Criminal Appeal No.537 of 2025.3)The applicant/appellant shall be released on P.R. bond ofRs.30,000/- (Rupees Thirty Thousand only), with two suretiesof Rs.15,000/- (Rupees Fifteen Thousand only) each.4)The applicant/appellant shall not commit any criminalactivity during the pendency of the appeal.5)Bail be furnished before the Trial Court.( ARUN R. PEDNEKER, J. )vj gawade/-.Page 3 of 3