1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1541/2009 The State of Maharashtra. APPLICANT/APPELLANT V E R S U S Santosh s/o Namdeo Walke. RESPONDENT Shri Godbharle, Learned A. P. P. for the appellant. Shri S.S. Jadhavar, Advocate for the respondent sole. CORAM : S. B. DESHMUKH & S.S. SHINDE, JJ. DATE : 21ST APRIL, 2010. PER COURT :- 1. We have heard learned A. P. P. Mr. Godbharle for the applicant, Mr. Jadhavar, learned counsel, who appears for respondent sole. 2. Incidentally, today only, we have heard criminal application No.1539/2001, filed on behalf of the State seeking leave to file appeal for acquittal under section 307 of Indian Penal Code. In that application there are three respondents and respondent in this application Mr. Santosh Walke is also respondent No.1 in that application. Leave has been granted by this Court. 2 3. Present criminal application filed on behalf of the State is for enhancement of the punishment. Learned trial Court in Sessions Case No.77/2007 recorded finding that accused person i.e. respondent No.1 has committed offence punishable under section 324 of Indian Penal Code. He has been sentenced to suffer simple imprisonment for three months and to pay a fine of Rs.5,000/-. For the punishment of three months simple imprisonment for the offence punishable under section 324 of Indian Penal Code, learned A.P.P. points out the reasoning of the trial court paragraph No.54 and 55. According to him, this sentence imposed upon is inadequate. Mr. Jadhavar, learned counsel submits that it is discretion of the Court. Trial court having taken into account evidence on record has exercised judicial discretion. No case for enhancement. 4. This Court had earlier issued notice on 03.8.2009. After hearing the counsel for the parties, in our view, it is a case wherein court below ought to have taken into account provisions laid down under section 53 of the Indian Penal Code. Primafacie, we find that case of admission of the application is established. 5. We are inclined to allow this application in terms of prayer clause ‘B’. 3 6. Criminal application is allowed in terms of prayer clause 8 - ‘B’. This application to be finally heard along with appeal which would be registered in view of our order passed in Criminal Application No. 1539/2009. ( S.S. SHINDE ) ( S.B.DESHMUKH ) JUDGE JUDGE aaa/1541.09 .......