(1) CRI.APP. 4138.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4138 OF 2010 IN CRIMINAL APPEAL NO. 409 OF 2010 1. Deepak S/o Balnath Barhate, Age : 31 years, Occu.: Labour 2. Gayabai w/o Balnath Barhate, Age : 56 years, Occu.: Household 3. Vijay S/o Balnath Barhate, Age : 24 years, Occu.: Labour 4. Raju S/o Balnath Barhate, Age : Major, Occu.: Labour All R/o Dattawadi, Takli Road, Kopargaon, Dist. Ahmednagar .. Applicants (Orig. Accused) VERSUS The State of Maharashtra, Through Police Station, Kopargaon, District : Ahmednagar (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent ... Mr. S.P. Chapalgaonkar, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 22ND OCTOBER, 2010 ORAL ORDER:- 1. By this Application, the applicants are seeking suspension of the substantive sentence (2) CRI.APP. 4138.2010 rendered by the Sessions Court, Kopargaon in Sessions Case no. 16 of 2009. 2. Heard learned Advocate for the applicants and learned APP. 3. The applicants were on bail during the course of trial. They did not misuse the liberty. The learned Sessions Judge, seems to have been influenced by the conclusion that after 6-7 months of the marriage, deceased Jaya was subjected to matrimonial cruelty. It appears that deceased Jaya committed suicide by jumping in a well. The offence alleged against the applicants is one punishable under section 306, 323, 498-A r/w. 34 of the Indian Penal Code. The only reason given by the learned Sessions Judge is that the way in which accused made Jaya to suffer, requires no leniency. At the same time he came to the conclusion that exact utterances of the alleged abuses addressed by the applicants were not spelt out by the P.W. 1 to P.W.3 and hence offence under section 504 of Indian Penal Code was not made out. In other words, the learned Sessions (3) CRI.APP. 4138.2010 Judge prima facie found that the insulting words used in relation to deceased Jaya were not clarified. 4. Considering the reasons assigned for awarding maximum punishment, it prima facie appears that the mitigating circumstances are not taken into account. 5. In the result, the Application is allowed. The substantive sentence awarded by the Court of Sessions is suspended on condition that the applicants will enter afresh bail bonds in the like amount as in the trial Court and will undertake to attend the hearing of the Appeal on the scheduled dates which will be fixed for the purpose of final hearing. The bail bonds to be furnished before the Sessions Court and, thereafter release order shall be issued. Sd/- [V. R. KINGAONKAR, J.] arp