HARIOM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The petitioner was put on trial for the offence punishable under Sec. 379 of the Indian Penal Code. The learned Magistrate acquitted the petitioner vide Judgment and order dtd. 18/02/2015. The State came in appeal wherein the learned Sessions Judge vide order dtd. 15/06/2022 reversed the Trial Court's Judgment and consequently, convicted the appellant for the offence charged and sentenced him to suffer Rigorous Imprisonment for two years and to pay fine of Rs.10,000.00 with default clause. The petitioner has challenged the said order in Criminal Revision Application (CRA) No.138/2022, but could not succeed as the revision was dismissed by this Court vide order dtd. 20/06/2022. The petitioner carried the matter to the Hon'ble Supreme Court, however, the Hon'ble Supreme Court declined to intervene vide order dtd. 01/08/2022.

(3.) In above scenario, the petitioner has come to this Court with an urge to grant benefit of plea bargaining in view of the decision of Hon'ble Supreme Court in case of Suo Motu Writ Petition (CRL) No.4/2021 dtd. 14/09/2022. Particularly, petitioner has emphasized Guideline No.6.3 for seeking the benefit, which is reproduced as below :-