IRSHAD MUSA LANDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein stands convicted for offence punishable under Section 307 of the Indian Penal Code and is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 1000/- i.d. to undergo S.I. for 3 months, he is also convicted under Section 353 of the Indian Penal Code and is sentenced to suffer R.I. for 6 months and to pay fine of Rs. 100/- i.d. to undergo S.I. for one month in Sessions Case No. 200 of 2006 by Additional Sessions Judge, Sangli vide Judgment and Order dated 19/1/2007. Hence, this appeal. The appellant herein was enlarged on bail by this Court (Smt. V.K. Tahilramani, J.) in Criminal Appeal No. 114 of 2007 by an order dated 14th February, 2007 on a condition that he shall report to Palus Police Station once in a week during the pendency of the appeal. It is a matter of record that the appellant after having been granted bail by this Court was arrested in Crime No. 13 of 2009 registered at Palus Police Station for offence punishable under Section 419, 420, 205 r/w. 34 of the Indian Penal Code. He was arrested alongwith one Sandeep Dhanawade on 5/2/2009. The State filed an application bearing Criminal Application No. 226 of 2013 seeking cancellation of the bail granted to the present appellant on account of non-compliance of the orders passed by this Court. Learned APP has submitted that the appellant had caused his attendance to the police station through proxy. Criminal Application No. 226 of 2013 was allowed and the order granting bail in favour of the appellant vide order dated 14/2/2008 was cancelled by an order dated 4/7/2013. The matter was hence, enlisted for final hearing as the accused is in jail.

(2.) Such of the facts which are necessary for the decision of this appeal areas follows:

(3.) P.W. 1 Sharad Patil who acted as a panch for seizure of Maruti car was declared hostile.