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2021 Supreme(Bom) 892

RAVINDRA V.GHUGE, B.U.DEBADWAR
State of Maharashtra – Appellant
Versus
Sanjay – Respondent


Advocates appeared:
S.G. Sangle, Advocate, D.Y. Nandedkar, Advocate

JUDGMENT

1. The Trial Court has delivered the impugned judgment on 20/05/2003 in Sessions Case No.132/2002 and has convicted the respondent/ accused for offences punishable u/s 324 and 452 of the IPC. It would be appropriate to reproduce paragraph No.41 and the order thereunder, as follows :-

"As to point No.iv :- In view of the answers to the point Nos. (i) to (iii) and there being no special reasons for not resorting to the provisions of the Probation of Offenders Act, 1958, this Court can definitely extend the benefit of Section 4 of the Probation of Offenders Act, 1958 to the accused having considered his age, when no previous conviction was proved against the accused, circumstances of the case, the nature of the offences, it feels that instead of sentencing the accused at once to any punishment he be released on his entering into a bond without sureties to appear and receive sentence when called upon for a period of two years for Rs.2,000/- (Rupees Two Thousand) and in the mean time to keep peace and be a good behaviour. Hence this point is answered accordingly. In the result, the following order is passed.

ORDER

I. The accused is convicted as per Section 235 of the Code of Crimi

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