SALMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application has been filed by the applicant Salman @ Javed s/o. Shabbir Bagwan, original accused No.8 in Sessions Case No.16/2016. He has been convicted for the offences punishable u/s 326 r/w Section 149 of the IPC and has been sentenced to undergo rigorous imprisonment for a term of 10 years alongwith fine.

(2.) We have considered the extensive submissions of the learned Advocates for the applicant/accused No.8, on behalf of the State and on behalf of the original complainant (father of the deceased) and the injured victim, who is the first informant.

(3.) Before we deal with the specific submissions of the learned counsel for the parties, we find it necessary to deal with the first argument advanced by the learned Advocate for accused No.8 that Nohid Nisar Bagwan, original accused No.5 was granted suspension of sentence and bail by this Court vide order dated 27/03/2019 in Criminal Application No.3855/2018. The State had moved an application for cancellation of the bail and by order dated 12/12/2019, the earlier order dated 27/03/2019 was recalled and the bail granted to Nohid was cancelled. Nohid had approached the Hon'ble Apex Court in Criminal Appeal No.453/2020 and by order dated 17/06/2020, the order of this Court dated 12/12/2019 was set aside and the earlier order of this Court dated 27/03/2019 was restored. Salman had withdrawn his first Application No.1330/2018 on 26/10/2018. He prays for parity.