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2017 Supreme(Bom) 2082
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
V.L. ACHLIYA, J.
Kishan s/o Dadarao Patil - Applicant
Versus
The State of Maharashtra - Respondent
Criminal Application No. 6743 of 2016 in Criminal Appeal No. 136 of 2015
Decided On : 27-01-2017
For the Applicant :Mr. Gaware Niteen V., Advocate.
For the Respondents: Mr. K.S. Patil, APP.
The power to suspend conviction should be exercised in exceptional circumstances where failure to do so would lead to injustice and irreversible consequences.
Headnote:
Conviction Suspension - Criminal Appeal - Sections 147, 148, 149, 323, 324, 342, 504, 506 r.w. 34 of IPC, Section 3(1)(x) of the Atrocities Act - Summary of Acts and Sections: The court discussed the legal provisions under Section 389 of Cr.P.C. and cited case laws to emphasize that the power to suspend conviction should be exercised in exceptional circumstances where failure to do so would lead to injustice and irreversible consequences.
Fact of the Case:
The applicant was convicted for assaulting the complainant and faced disqualification from contesting an election. The court found that the applicant had fair chances to succeed in the appeal and that the injuries sustained by the applicant and his nephew were serious compared to the complainant's injuries.
Finding of the Court:
The court found that the applicant had fair chances to succeed in the appeal and that the injuries sustained by the applicant and his nephew were serious compared to the complainant's injuries. The court also noted the political rivalry between the applicant and the complainant.
Issues: The issues included the request for suspension of conviction, the disqualification of the applicant from contesting an election, and the fairness of the appeal.
Ratio Decidendi: The court decided to suspend the conviction to enable the applicant to participate in the election process, subject to the outcome of the appeal, and directed expedited hearing of the criminal appeal filed by the appellant.
Final Decision: The court allowed the application for suspension of conviction, subject to the outcome of the appeal, and directed expedited hearing of the criminal appeal filed by the appellant.
V.L. ACHLIYA, J.
1. The applicant - appellant has filed this application seeking suspension / stay of conviction during pendency of the appeal.
2. Before adverting to appreciate the submissions advanced, it is necessary to consider few facts leading to filing of the present application.
3. On 12.8.2011 the Police personnel attached to the Police Station Ambejogai (Rural) visited the S.R.T.R. Medical College & Hospital at Ambejogai and recorded the statement of Samadhan Mahadeo Kalunke - the complainant as well as the present applicant who were lying admitted in said hospital. On the basis of the statement of Samadhan Kalunke, offences punishable under Sections 147, 148, 149, 323, 324, 342, 504 and 506 r.w. 34 of IPC and Section 3(1)(x) of the Atrocities Act came to be registered against the applicant and 13 other persons vide CR No.104/2011.
4. Similarly on the basis of the statement of Kishan Dadarao Patil i.e. the present applicant, offences punishable under Sections 307, 323 and 504 r.w. 34 of IPC came to be registered against Samadhan Kalunke and two others vide CR No.105/2011. After the investigation, charge sheet came be filed against the applicant as well as the complainant.
5. In the complaint dated 12.8.2011 registered vide CR No.104/2011 the complainant has alleged that at about 9 a.m., he visited the fair price shop of Pandurang Jeevan Somwanshi for taking foodgrains. However, Pandurang Somwanshi refused to provide him food-grains and told that the stock of the foodgrains is over. The complainant noticed that though the foodgrains were lying for distribution in the ration shop, the shopkeeper refused to provide him foodgrains on ration. When he pointed out to him that food grain is available in the shop for distribution, the said shopkeeper told him that the food grain lying in the shop was already given to others. Due to this reason, the complainant took out his mobile phone to call the Talathi of the village to make enquiry about distribution of food grain from the said fair price shop. At that time, Pandurang Somwanshi the shopkeeper made phone call to the applicant and called him in the shop. Thereafter, the applicant along with 10 to 12 persons came to said fair price shop. The applicant snatched the mobile handset from the hand of the complainant and referring him by his caste, asked him to get out of that shop. He assaulted complainant by means of 1 Kg. Weight measure lying in the shop over his head. The other accused persons too assaulted him by means of kicks and fist blows as well as waist belt. The shutter of said shop was put down. He was confined in said fair price shop. After putting down shutter, the accused persons assaulted him. After some time, they pulled him out of the shop and pushed on the platform outside the shop premises. Thereafter, the accused persons took him towards S.T. Stand. While taking him towards S.T. Stand, the accused were beating him. After investigation the, charge sheet was filed against the applicant and 13 other accused persons in the Court of J.M.F.C., Ambejogai. In due course, the case was committed to the Sessions Court, Ambejogai.
6. On the basis of the statement of the applicant recorded in the S.R.T.R. Hospital at Ambejogai, offences punishable under sections 307, 323, 504 r.w. 34 of IPC came to be registered against said Samadhan Kalunke and two others and investigation was conducted. In the complaint registered at the instance of the present applicant, it is alleged that on 12.8.2011, he received a phone call of Pandurang Jeevan Somwanshi. He informed him that Samadhan Kalunke has come to his shop with ration cards of some other persons and insisting to provide ration of those cardholders who were not present with him. When he refused to provide ration of other cardholders, Samadhan Kalunke started abusing him. The applicant, therefore, went to the shop of
