Santosh Maruti Janjire v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2799 OF 2021 IN CRIMINAL REVISION APPLICATION NO. 155 OF 2021 Santosh Maruti Janjire Applicant
Versus
The State of Maharashtra Respondent Mrs. S.M. Zaware, Advocate for the applicant. Mr. G.O. Wattamwar, APP for respondent/State. CORAM : M.G. SEWLIKAR, J.
DATE : 2nd December, 2021.
PER COURT :
1.
Heard.
2.
Applicant is convicted of the offence punishable under Sections 324, 326 read with Section 34 of the Indian Penal Code and is sentenced to 3 years rigorous imprisonment with fne of Rs. 2,000/- and in default to pay fne to suffer further simple imprisonment for one month for offence punishable under Section 326 of the Indian Penal Code and simple imprisonment for 2 years and fne of Rs.1,000/- and in default to pay fne, to suffer simple imprisonment for 15 days for offence punishable under Section 324 of the Indian Penal Code. Fine amount is deposited.
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Learned counsel Smt. Zaware submits that ingredients of Section 324 and 326 are the same except under Section 324 injury is simple whereas under Section 326, injury is grievous. Therefore, there was no occasion for awarding separate sentence under Section 324 of the Indian Penal Code.
4.
I fnd substance in her arguments. Hence the following order :-
ORDER
i) Substantive sentence is suspended till disposal of the revision.
ii) Applicant be released on PR Bond of Rs.15,000/- (Rs. Fifteen Thousand) with one solvent surety in the like amount.
iii) Bail in the Trial Court.
( M. G. SEWLIKAR ) Judge dyb
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 155 OF 2021 Santosh Maruti Janjire Applicant
Versus
The State of Maharashtra Respondent Mrs. S.M. Zaware, Advocate for the applicant. Mr. G.O. Wattamwar, APP for respondent/State. CORAM : M.G. SEWLIKAR, J.
DATE : 2nd December, 2021.
PER COURT :
1.
Admit.
2.
Call R & P.
( M. G. SEWLIKAR ) Judge dyb