LAXMAN BHUJANG CHAVAN vs THE STATE OF MAHARASHTRA - 2024-02-06

O R D E R

Leave granted.

2. Heard Mr. Abhimanue Shrestha and Mr. C. George Thomas, learned counsel appearing for the appellants. The State of Maharashtra is represented by Mr. Aaditya Aniruddha Pande, learned counsel.

3. The appellants herein were convicted on 13.12.2010 by the learned Additional Sessions Judge, Mangaon, District Raigad under Section 395 of the IPC and were sentenced to suffer rigorous imprisonment for seven years and to also pay fine. They were also convicted for the offence punishable under Section 457 of the IPC and sentenced to suffer simple imprisonment for three years and to pay fine. Conviction for the appellants was also ordered under Section 342 of the IPC and they were sentenced to suffer simple imprisonment for six months with fine. The conviction order was passed in the Session Case No. 15 of 2010.

4. When the appellants preferred appeal(s) before the High Court, under the impugned judgment dated 19.08.2019, while acquitting the appellants for the offence under Section 395 of the IPC, all the accused were convicted for offence punishable under Section 379 of the IPC. Maximum sentence imposed for the conviction was three years for the three appellants before us, namely, Laxman Bhujang Chavan, Tanaji Jagannath Jadhav and Vijay Tulshiram Chavan.

5. At the time of the incident on 11.12.2009, two of the appellants were very young and barely above eighteen years. Learned counsel for the appellants would then point out that by now, the appellants have been incarcerated for their conviction for about eighteen months.

6. In his turn, the learned counsel for the State would submit that the appellants entered the informant’s residence and stole cash, watch and ear phone worth about Rs.2550/-.

7. Having considered the nature of the crime and the conviction under Section 379 IPC, we deem it appropriate to partly allow these appeals by upholding the conviction and reducing the sentence to the period already undergone for all the three appellants. It is ordered accordingly.

8. Pending application(s), if any, shall stand closed.

..................J.

(HRISHIKESH ROY)

..................J.

(PRASHANT KUMAR MISHRA)

NEW DELHI;

FEBRUARY 06, 2024.

ITEM NO.59 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 9360/2019

(Arising out of impugned judgment and order dated 19-08-2019 in CRLA No. 984/2010 passed by the High Court of Judicature at Bombay)

LAXMAN BHUJANG CHAVAN Petitioner(s)

VERSUS THE STATE OF MAHARASHTRA Respondent(s)

(IA No. 146229/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 146228/2019 - EXEMPTION FROM FILING O.T.)

WITH SLP(Crl) No. 10061/2019 (II-A)

(FOR ADMISSION and I.R. and IA No.161397/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.161398/2019-EXEMPTION FROM FILING O.T.

IA No. 161397/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 161398/2019 - EXEMPTION FROM FILING O.T.)

SLP(Crl) No. 9976/2021 (II-A)

(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 58139/2020 IA No. 58139/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 06-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Gaurav Agrawal, AOR Mr. Abhimanue Shrestha, AOR Mr. C. George Thomas, AOR For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv.

Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv.

Ms. Raavi Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeals are partly allowed in terms of the signed order.

The operative part of the order reads as under:

“7. Having considered the nature of the crime and the conviction under Section 379 IPC, we deem it appropriate to partly allow these appeals by upholding the conviction and reducing the sentence to the period already undergone for all the three appellants. It is ordered accordingly.”

Pending application(s), if any, shall stand closed.

(NITIN TALREJA) (KAMLESH RAWAT)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

(Signed order is placed on the file)