JAVED SHAIKH JAAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both applicants herein have moved instant application with prayer for suspension of sentence and grant of bail on account of conviction recorded against them in Sessions Case No.336 of 2021 tried and decided by learned Additional Sessions Judge, Aurangabad for commission of offence under Sec. 302 of Indian Penal Code (IPC).

(2.) Heard learned advocate Mr. Satej Jadhav for applicants and learned APP Mr. S. D. Ghayal for respondent - State.

(3.) In favour of relief, learned counsel for applicants pointed out that, present applicants are named as accused nos.2 and 3. That, no role is attributed to them except stating that there was scuffe with deceased Shafuddin. It is pointed out that, in fact there was no grudge or quarrel between present applicants and deceased or complainant party. Learned counsel submitted that main incident allegedly took place between accused no.1 Sadik and deceased and even he alone is shown to be armed with wooden stick. Therefore, applicants ought not to have been impleaded on the strength of such material by invoking Sec. 34 of IPC. It is submitted that there is no material to suggest any common intention. However, learned trial Judge has convicted present applicants along with main accused and therefore, both applicants have also preferred criminal application against the said judgment and order of conviction dtd. 16/3/2023. Appeal has also already been admitted, however much more time would be required for decision of the appeal. Resultantly, in the light of above submissions it is prayed that, sentence awarded be suspended and applicants be set at liberty as they are ready to abide all conditions imposed by this Court.