IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.5416/2024 [Arising out of SLP (Crl.) No. 12121/2024]
MAYUR SHAILESH FULPAGARE @ GUDDYA APPELLANT
VERSUS
THE STATE OF MAHARASHTRA & ANR. RESPONDENTS
O R D E R
1. Leave granted.
2. The High Court by the impugned judgment and order dated 18th March,
2024 has rejected the prayer of the appellant for suspension of sentence
under Section 389(1) of the Code of Criminal Procedure, 1973, pending
decision on the appeal1 filed by him under Section 374(2) thereof.
3. The appellant was arrested on 26th April, 2018 in connection with FIR
No.63 of 2018 registered at Police Station Deopur, District Dhule, under
Sections 302, 307, 324, 143, 147, 148, 149 of the Indian Penal Code,
1860 and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocity) Act, 1989 and pursuant to conviction returned by
1 Criminal Appeal No.123 of 2024
the relevant Sessions Court is serving life sentence. Currently, he has
spent more than 6 years behind bars.
4. We have heard Ms. Uttara Babbar, learned senior counsel appearing for
the appellant as well as Mr. Samarvir Singh, learned counsel appearing
for the respondent-State of Maharashtra.
5. It is pointed out to us that Dipak-A5 and Vaibhav-A6, who according to the
prosecution had inflicted blows on the deceased-Sunny, have since been
released by the High Court on bail and that insofar as the present
appe...