Sagar Sandu Ratnaparkhe And ANR v. The State Of Maharashtra
2025:BHC-AUG:9099 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1161 OF 2025 IN APPEAL/210/2025
1. Sagar Sandu Ratnaparkhe, Age: 30 years, Occu.: Private Service, Naik Wada, Motikaranja, At present Near Hanuma Temple, Mukundwadi, Aurangabad.
2. Vilas @ Vishal Bhausaheb More, Age: 29 years, Occu.: Labour, R/o. Near Chitra Photo Studio, Sabji Mandi, Aurangabad.
... Applicants.
Versus
The State of Maharashtra ... Respondent ......
Mr. A.S. Barlota, Advocate for Applicants Ms. Vaishali S. Chaudhari, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 27 MARCH 2025 PER COURT :- 1.
Not on Board. Taken on Board.
2.
Present application is for suspension of sentence and grant of bail by virtue of conviction order passed by learned Additional Sessions Judge, Aurangabad in Sessions Case No.288 of 2022. 3.
Learned counsel for applicants pointed out that, both present applicants were tried by the learned Additional Sessions Judge, Aurangabad on allegation of commission of offence
{2} under section 324 read with section 34 of Indian Penal Code. That, judgment has been rendered on 28.02.2025 holding applicants guilty for above offences. It is pointed out that, sentence awarded is of three years and to pay fine. That, exception has been taken to the above judgment by filing appeal, however, appeal being of 2025, there are no chances of hearing being conducted immediately. Both applicants were on bail during trial and hence relief of suspension of sentence and grant of bail are pressed into service.
4.
Learned APP opposed on the ground that on full-fledge trial guilt has been recorded and there is every possibility of misuse of liberty.
5.
Heard. Perused the papers. It seems that, vide judgment and order dated 28.02.2025 passed in Sessions Case No.288 of 2022, both present applicants are held guilty for offence punishable under sections 324 r/w section 34 of IPC. Apparently, sentence awarded is of three years and to pay fine. Applicants are said to be on bail during trial. As appeal against above judgment and order is of 2025 and obviously it would take long time to be heard and decided, relief as prayed deserves to be granted. Hence, the following order is passed :
{3}
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the applicants, namely, (i) Sagar Sandu Ratnaparkhe and (ii) Vilas @ Vishal Bhausaheb More in Sessions case No.288 of 2022 by learned Additional Sessions Judge, Aurangabad on 28.02.2025 stands suspended till the final hearing and disposal of Criminal Appeal No.201 of 2025.
(iii) The applicants be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each with two solvent sureties each in the like amount.
(iv) The applicants shall not commit any criminal activity. (v) The applicants shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date they tender bail papers and thereafter, the trial Judge to fix dates for their subsequent appearances.
(vi) In case of two consecutive defaults on the part of the applicants to remain present before the trial court, the trial court to inform this court about the same and in that eventuality, the prosecution would be at liberty to file an application for cancellation of bail granted to the applicants. (vii) Bail before the trial court.
ABHAY S. WAGHWASE, JUDGE S P Rane