YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail on account of conviction recorded by the learned Sessions Judge, Jalna in Session Case No.218 of 2021 convicting applicant for offence under Sec. 304 Part I and 324 of the Indian Penal Code (IPC) and to pay fine.

(2.) In support of relief, learned Counsel for the applicant submitted that crime was registered for commission for offence under Ss. 302 and 324 of the IPC, but conviction is for offence under Sec. 304 Part I and 324 of the IPC. It is submitted that applicant was on bail during trial. Important witnesses have not supported prosecution, but still guilt is recorded. Said judgment is taken exception to by filing appeal bearing no.597 of 2023. There is a good case on merits. However, as much more time would be required to hear and decide the appeal, he prays for suspension of sentence and grant of bail during pendency of the appeal.

(3.) While opposing relief, learned APP pointed out that it is true that the crime was registered for offence under Ss. 302 and 324 of the IPC and conviction was recorded for offence under Ss. 304 Part I and 324 of the IPC, however, there is use of deadly weapon like knife. That there is direct eye witness account. That deceased died before being treated. Moreover, sentence is for ten years and therefore, he prays to dismiss the application.