Gangadhar Nivratti Komatwar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1865 OF 2025 IN CRIMINAL REVISION APPLICATION/178/2025 WITH CRIMINAL REVISION APPLICATION NO. 178 OF 2025 Gangadhar Nivratti Komatwar

Versus

The State of Maharashtra Through Police Inspector, Police Station, Dharmabad, Dist. Nanded ...

• Mr. Sachin G. Joshi, Advocate for the applicant • Mr. G. A. Kulkarni, APP for Respondent/State ...

CORAM

:

ROHIT W. JOSHI, J.

(VACATION COURT) DATE :

27th MAY, 2025 ORDER :

CRIMINAL APPLICATION NO. 1865 OF 2025 :

1.

Not on board. On being mentioned, taken on board. 2.

This application is filed for suspension of substantive sentence and grant of bail on account of conviction recorded by the learned Judicial Magistrate First Class, Biloli in R.C.C. No. 55/2011 for the offence punishable under Section 419 read with Section 34 of the 1/3

Indian Penal Code, 1860 (for short "IPC") and confirmed by the learned Additional Sessions Judge, Biloli in Criminal Appeal No. 52/2018. 3.

The applicant is convicted for the offence punishable under Section 419 read with Section 34 of IPC and sentenced to suffer rigorous imprisonment for one year with fine of Rs. 3000/- in default to suffer rigorous imprisonment for one month. The Revision is of the year 2025 and is not likely to be heard finally in near future. The Revision preferred by accused no. 2 - Goraksh Baban Palve is admitted and substantive sentence is ordered to be suspended till the final hearing of the Revision. 4.

In view of the above, it will be expedient to suspend substantive sentence of the applicant and to release him on bail, pending the final disposal of the Revision. Hence the following order:-

O R D E R

(i) Criminal application stands allowed.

(ii) The substantive sentence imposed on the applicant Gangadhar Nivratti Komatwar in R.C.C. No. 55/2011 by learned Judicial Magistrate First Class, Biloli and confirmed by learned Additional Sessions Judge, Biloli on 29.10.2018 stands suspended till the final hearing and disposal of Criminal Revision Application No. 178/2025. (iii) The applicant be released on P.R. Bond of Rs.15,000/- 2/3

(Rupees 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 Revision, 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 bail granted to the applicant. (vii) Bail before the Trial Court.

[ROHIT W. JOSHI] JUDGE ks_kamble/ 3/3