LAWS(BOM)-2024-9-113

SAMBHAJI BHAGWAN BADE Vs. STATE OF MAHARASHTRA

Decided On September 27, 2024
Sambhaji Bhagwan Bade Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant-convicted accused and learned APP appearing for the State.

(2.) I have heard this revision at length on various dates. In fact it was heard finally and not on suspension of sentence, however, when it was noticed that certain questions were not put to the applicant in a 313 statement on the basis of evidence of PW No.1 and PW No.5, sentence is suspended on 22/8/2024. The applicant was asked to remain present in the Court. He remained present on 23/9/2024.

(3.) It is true that Hon'ble Supreme Court has clarified that if there is some lacuna in 313 statement, the appellate Court can certainly put questions. I find such lacuna and hence questions were put on 23/9/2024.