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1973 Supreme(SC) 350

S.N.DWIVEDI, Y.V.CHANDRACHUD
Raj Pal Bhiraram – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

DWIVEDI, J. :- The appellant was convicted by the Additional Chief Presidency Magistrate, Bombay, under S. 122 (a) and S. 125 (1) read with S. 37(1) (a) of the Bombay Police Act and was sentenced to three months imprisonment under the first count. No separate sentence was passed on the second count. He filed an appeal against his conviction and sentence in the High Court of Bombay. The appeal was summarily dismissed by a monomial order "dismissed".

2. The main argument of counsel for the appellant is that, as the order of the Bombay High Court does not state any reasons, it should be set aside. In support of his argument he has relied on Govinda Kadtuji Kadam v. State of Maharashtra, (1970 Cri LJ 995) and Challapa Ramaswami v. State of Maharashtra, (1971 Cri LJ 19). In Govind Kadtuji Kadam (supra) five persons were convicted and sentenced to rigorous imprisonment for six months and to a fine of Rs.50/-. All of them filed a joint appeal in the Bombay High Court. The appeal was admitted only on behalf of one of them named Kondu; it was dismissed summarily in respect of the remaining four appellants. They filed an appeal in this Court. Their appeal was allowed and the order of
























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