MAULABAKSH MEHANDIHASAN MANSURI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail, pending the hearing and final disposal of the appeal.

(2.) The applicants/accused faced the trial in Sessions Case No.321 of 2016 for committing an offence punishable under Ss. 307 and 506(II) read with 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for seven years and fine of Rs.1,000.00 each for offence punishable u/s 307 r/w 34 of the IPC; rigorous imprisonment for a period of one year for offence punishable u/s 506-II r/w 34 of the IPC, with default stipulations.

(3.) The learned Counsel for the applicant submits that the applicants were on bail during the trial and were arrested on 14/11/2024 following the conviction order of the same date. Applicant No.1 is a heart patient who has undergone coronary angioplasty. The impugned judgment and order suffer from various infirmities and a lack of appreciation of evidence. There are inconsistencies in the evidence of the prosecution witnesses. According the Imran Ansari (PW1), he took the injured Kamruddin Ansari (PW 3) to the hospital, whereas Kamruddin Ansari testified that he did not tell the police that Imran took him on the motorcycle. The injured Kamrudding was taken to the Civil Hospital, Thane, at 11:00 a.m. and remained there until midnight. The Chief Medical Officer was on duty around the clock. The Medical Officer who attended to the injured was the best witness to state the nature of the injuries. However, no efforts were made to enquire with the Medical Officer. According to the prosecution, Kamruddin was bleeding profusely, but the seized clothes and the weapon allegedly used in the incident did not match the blood group of either the applicants or the victim. The learned Counsel further submits that the applicant, during the pendency of the appeal, will not enter the jurisdiction of the concerned police station.