CriAppln-3865-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3865 OF 2026 IN CRIMINAL APPEAL NO. 779 OF 2026 1. Ashok s/o Sandu Wani Age : 28 years, Occupation Agriculture, R/o : Dahegaon, Taluka Kannad, District Aurangabad. 2. Arun s/o Sandu Wani Age : 26 years, Occupation Agriculture, R/o : Dahegaon, Taluka Kannad, District Aurangabad. … Applicants [Ori Accused Nos. 1 & 2] Versus The State of Maharashtra Through Pishor Police Station, Taluka Kannad, District Aurangabad. … Respondent ….. Ms. Neeta S. Bagwe, Advocate for the Applicants. Mr. S. M. Ganachari, APP for the Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 05.10.2026 Pronounced on : 06.10.2026 ORDER : 1. Present application is for suspension of sentence and grant of bail on account of conviction recorded by learned Additional Sessions Judge-4, Aurangabad dated 11.08.2026 in Sessions Case No. 227/2017 convicting applicants for offence under Section 307 r/w 34, 107/109 of IPC. 2026:BHC-AUG:46577 CriAppln-3865-2026 -2- 2. Learned counsel for the applicants pointed out that, crime bearing no. 76 of 2016 was registered for offence under Sections 307, 324, 504 r/w 34 of IPC against in all three accused including present applicants. That, they were tried vide above Sessions Case and present applicants came to be convicted for above referred offence. Learned counsel would submit that, there is no corroboration to the testimony of injured. She pointed out that, complainant and accused party are cousins of each other and are joint property holders. That, crime is registered on the basis of hearsay information. That, the act was not premeditated, rather it was sudden. There are allegations of use of axe but such allegations are only directed against accused Arun and allegations against accused Ashok are of catching hold of injured. Learned counsel pointed out that, here, though there are allegations of use of axe, that same is not seized. Rather it is shown to be seized in another crime which was fallout of a counter case. That, even the doctor who examined and treated injured, has not been examined by prosecution. That, applicants were on bail during trial. She would point out that, judgment of conviction has been taken exception to, but as appeal is of the year 2026, it may not be heard earlier. For above reasons, relief of suspension of sentence and grant of bail is urged for. CriAppln-3865-2026 -3- 3. Learned APP also took this Court through the testimony of informant/injured as well as medical expert PW5 and read out the nature and number of injuries noted by this expert. He pointed out that medical expert has opined that injuries to be possible by axe. According to him, injured witness account finds support from medical evidence and offence being serious, he opposed relief of suspension of sentence and grant of bail. 4. After considering the above submissions and on going through the papers, it appears that before the trial court, case of prosecution was rested on the evidence of as many as 11 witnesses. PW1 seems to be the injured and his father seems to have set law in motion. Gist of his testimony is that, there used to be quarrels on account of share in the well water and incident in question seems to be of 07.07.2026. He deposed that, while he was proceeding to his field, he spotted accused no.1 Ashok, one Shankar, accused no.2 Arun and his mother accused no.3 Sumitra were busy in agricultural operation and were cutting grass by use of axe. Informant claims to have objected to the removal of grass over common bandh and at that time it is alleged that, accused Arun dealt blow by axe on the left arm, right knee, ribs, thigh and forehead of PW1. According to him, the said incident took place when accused Ashok had caught hold of him. CriAppln-3865-2026 -4- 5. PW4, i.e. mother of PW1, has also narrated the incident specifying the roles of applicants Ashok and Arun. PW5, who examined informant, has narrated seven injuries comprising of three fracture injuries and four CLWs on left thigh, forehead, right side abdomen and right knee. PW7 seems to be the pancha to memorandum of disclosure and recovery of axe. 6. Therefore, roles of both accused are clearly coming on record, and that too from the oral account of injured witness. As submitted, there is use of axe. On facilitation by accused Ashok, accused Arun inflicted blows with axe on various parts of body. Resultantly, this Court does not find it a fit case to grant the relief as prayed. Hence, following order : ORDER The Application is dismissed. [ABHAY S. WAGHWASE, J.] vre