Cri. Appeal 176/25 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1006 CRIMINAL APPEAL NO. 176 OF 2025 WITH CRIMINAL APPLICATION NO. 519 OF 2025 BHIKAN UKHARDU BHIL VERSUS THE STATE OF MAHARASHTRA ... Advocate for Appellant : Mrs. Krishnabai Digambar Bhande (Through Legal Aid Committee) APP for Respondent/State : Mr. D.J. Patil ... CORAM : ARUN R. PEDNEKER, J. Dated : July 02, 2025 PER COURT :- 1. Heard the learned counsel for the applicant and the learned APP for respondent/State. 2. The case against the applicant is that under the influence of alchohol applicant has assaulted his wife who was working in a school. The applicant’s wife sustained two grievious injuries, one is on left side neck CLW 3x2x1 cm and and second is blunt trauma over head. The deceased also sustained fracture on C-3 vertebra attachment with spine and both the injuries are on vital part and were grievous in nature. As such, the applicant is tried for offence punishable under sections 307, 504, 506 of IPC and section 37(1)(3) r/w. 135 of Bombay Police Act. The applicant is convicted for the offence punishable under section 307 of IPC and maximum sentence of 10 years simple imprisonment is imposed upon him with fine of Rs.5000/-. 3. The learned counsel for the applicant submits that the application for suspension of sentence is filed as the applicant is in jail since last two years 2025:BHC-AUG:16986 Cri. Appeal 176/25 2 and four months and is undergoing total sentence is of 10 years imprisonment. The learned counsel submits that the incident occoured on account of certain matrimonial issues, the applicant has two children and he has to take care of them and the incident took place in the spur of movement. The learned counsel submits that the appeal would take considerable time to conclude and the very purpose of filing the appeal would be frustrated if the applicant is kept in jail. The learned counsel submits that during trial, the applicant was on bail. The learned counsel therefore prays that considering all above, the applicant may be released on bail. 4. Considering the above submissions, the applicant be released on bail on such terms and conditions which trial Court may deem fit. The application filed for suspension of substantice sentence is allowed and disposed of accordingly. 5. Appeal is admitted. After admission the learned APP waives service of notice for respondent/State. 6. Call R. & P. ( ARUN R. PEDNEKER, J. ) ssc/