Pratap Hasanrao Lahane v. The State Of Maharashtra
2025:BHC-AUG:12343 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1501 OF 2025 IN CRIMINAL APPEAL NO.285 OF 2025 Pratap Hasanrao Lahane Age: 58 yars, Occu.: Contractor, R/o.: In front of Matoshri Lawns, Tq. & Dist.: Jalna.
..Applicant (Ori. Accused)
Versus
The State of Maharashtra Through Taluka Jalna Police Station, Dist. : Jalna.
..Respondent ....
Advocate for Applicant : Mr.Suraj R.Bagal APP for Respondent : Mr.C.V. Bhadane ....
CORAM : ABHAY S. WAGHWASE, J.
DATE : 28 APRIL, 2025 ORDER :
1.
Not on board. Taken on board.
2.
Issue notice to the respondent. Learned APP waives service of notice for respondent.
3.
This is an application for suspension of sentence and grant of bail on account of conviction recorded by learned Additional Sessions Judge-4, Jalna in Sessions Case No.74 of 2023 dated 09-04-2025 for
{2} offence under Sections 332 of the Indian Penal Code (IPC). 4.
Learned counsel pointed out that applicant was tried vide Sessions Case No.74 of 2023 and by judgment and order dated 09-04-2025, he is held guilty for the offence punishable under Section 332 of the IPC and awarded sentence to suffer simple imprisonment for six months and to pay fine. He pointed out that maximum sentence awarded is simple imprisonment for six months. That, applicant was on bail during trial. That, fine amount is already paid. That, appeal has been preferred against impugned judgment, however, it being of 2025, it will take long time to be heard and decided. Therefore, he prays for relief of suspension of sentence and grant of bail.
5.
Learned APP submits that on full-fledge trial, conviction has been recorded and he also apprehends misuse of liberty, if bail is granted.
6.
Perused the papers. Maximum sentence awarded is of six months. Appeal seems to be of 2025 and obviously it will take long time to be heard and decided. Taking into account statement of the learned counsel for the applicant that applicant was on bail during
{3} trial and that fine amount is deposited, relief as prayed deserves to be granted. Hence, following order :
ORDER
(i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Pratap Hasanrao Lahane in Sessions Case No.74 of 2023 by the learned Additional Sessions Judge-4, Jalna on 09-04-2025, stands suspended till the final hearing and disposal of Criminal Appeal No.285 of 2025.
(iii) The applicant be released on P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand only) with two solvent sureties in the like amount.
(iv) The applicant shall not commit any criminal activity. (v) The applicant shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date he tenders bail papers and thereafter, the trial Judge to fix dates for his subsequent appearances.
(vi) In case of two consecutive defaults on the part of the applicant 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 the bail granted to the applicant.
(vii) Bail before the trial Court.
( ABHAY S. WAGHWASE ) JUDGE SPT