VIJAY RAMDAS MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

(2.) The applicant is seeking suspension of sentence imposed upon him to suffer rigorous imprisonment for two years for the offence punishable under Sec. 325 of the Indian Penal Code, in Sessions Case No.71 of 2022, by the learned Additional Sessions Judge, Shrigonda, District Ahmednagar, vide judgment and order dtd. 15/7/2023.

(3.) The learned counsel for the applicant would submit that since the applicant was under-trial prisoner, he could not get the sentence suspended though he had been sentenced to suffer imprisonment less than three years. However, the charges for the offences punishable under Ss. 302, 323 504 read with Sec. 34 of the Indian Penal Code against him have not proved. He has undergone the substantial period of imprisonment. He has a good case on merit. The intention and knowledge is missing in the case. There are no antecedents to his discredit. Hence, the sentence may be suspended till conclusion of the trial.