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2025 Supreme(Online)(Bom) 6384

BOMBAY HIGH COURT
SHYAM C. CHANDAK, SUMAN SHYAM, JJ
Ashishkumar Nishad @ Lalla Ramchandra – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Applicants: Mr. Niranjan Mundargi, Ms. Keral Mehta
For the Respondents: Mr. K.V. Saste

Table of Content
1. incident resulted from a sudden quarrel. (Para 1 , 3)
2. arguments for the applicant focused on provocation and lack of premeditation. (Para 6 , 7)
3. court noted evidence of mutual aggression but allowed for the possibility of lesser offense. (Para 8 , 9)
4. emphasis on personal circumstances influencing bail. (Para 10)
5. bail granted with specific conditions. (Para 11 , 12)

RESERVED ON: 01st AUGUST, 2025 PRONOUNCED ON: 08th AUGUST, 2025 ORDER : (PER : SHYAM C. CHANDAK, J.) :-

1. Present Application praying for suspension of sentence and enlargement on bail pending the aforesaid Appeal, has been preferred by the Applicant/Original Accused No.2 in Sessions Case No.151/2018. Therein the learned Additional Sessions Judge, Thane by his Judgment and Order dated 21/03/2024 convicted the Applicant and his co-accused Nos. 1 and 3, for commission of offences punishable under Sections 302 , 307 and 201 read with Section 34 of the Indian Penal Code . The major sentence imposed on them was imprisonment for life besides the imposition of fine.

2. Heard Mr. Mundargi, learned Counsel for the Applicant and Mr. Saste, learned APP for the Respondent – State. Perused the record.

3. As ca

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