APPLN/3815/2026 of RAMDAS VITTHAL SHINDE Vs THE STATE OF MAHARASHTRA on 14 October 2026

ORDER :

1. Vide instant application, prayers are raised for suspension of sentence and grant of bail as a result of conviction recorded by learned Additional Sessions Judge-1, Nanded in Sessions Case No. 91 of 2023 holding applicant guilty for offence under Section 307 of IPC.

2. Learned counsel pointed out that vide above judgment, applicant has been convicted and sentenced to suffer 7 years imprisonment. According to her, though prosecution adduced 2026:BHC-AUG:48769

evidence of 10 witnesses, there is no eye witness. The occurrence is sudden. There are allegations of use of knife which was allegedly picked up on the spur of the moment during quarrel. There was no motive. FIR is delayed. According to learned counsel, injury at the most could be grievous injury. That, applicant has challenged the judgment of conviction and the same is pending. That, applicant is already behind bars since more than three years and coupled with above grounds, on merits she urges to grant relief of suspension of sentence.

3. Learned APP opposed on the ground that there is evidence of injured victim wife finding support from the evidence of her own daughter who was present in the house when assault was inflicted by appellant father. She also pointed out that there is medical evidence.

4. Heard. Perused the papers. Perused the evidence of informant- injured wife. There seem to be two blows with knife, that too in the abdomen which is apparently a vital part. There is use of deadly weapon like knife. Daughter’s evidence also supports her version. There is medical evidence. Considering the gravity and nature of the offence, though applicant is behind bars since over three years, this Court is not inclined to grant relief, and moreover, if the applicant desires, this Court is ready to hear the appeal itself. There being no merits, following order is passed :

ORDER

The Criminal Application is dismissed. [ABHAY S. WAGHWASE, J.] vre