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Bombay High CourtAPPLN/1870/2025application allowed

Ramesh Shantvan Aarsud v. The State Of Maharashtra

2025-06-03Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

2025:BHC-AUG:14371

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 CRIMINAL APPLICATION NO. 1870 OF 2025 IN APEAL/388/2025 RAMESH SHANTVAN AARSUD

VERSUS

THE STATE OF MAHARASHTRA AND CRIMINAL APPEAL NO. 388 OF 2025 RAMESH SHANTVAN AARSUD

VERSUS

THE STATE OF MAHARASHTRA ...

Adv. for Applicant / Appellant : Mr. Shaikh Ashraf Patel, h/f Mr. A. P. Avhad. APP for Respondent/State : Mr. V. K. Kotecha. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

03rd June, 2025.

(Vacation Court) P.C.:

Criminal Application No.1870 of 2025 has been filed by the applicant / appellant (accused No.4) seeking suspension of the substantive sentence awarded to him by the learned Sessions Judge, Aurangabad vide judgment and order dated 16th April, 2025 in Sessions Case No.218 of 2018, for the offences punishable under Sections 147, 148 and 323 read with 149 of the Indian Penal Code. Heard the learned counsel for the applicant / appellant and the learned APP.

Perused the application and the impugned judgment and order dated 16th April, 2025 passed by the learned Sessions Judge, Aurangabad.

Considering the nature of the crime and fact that the applicant has already been released on bail, the application deserves to be allowed. Hence, the following order:-

O R D E R

I.

Criminal Application No.1870 of 2025 is allowed. II.

The execution of the impugned judgment and order is hereby stayed and the substantive sentence awarded to the applicant is also hereby suspended till the decision of Criminal Appeal No.388 of 2025 on applicant furnishing fresh P.R. and S.B. of Rs.15,000/-.

III.

Bail before the Trial Court.

IV.

It appears that there is no endorsement of payment of fine amount. Further, the receipt of payment of fine amount is not filed on record. If the fine amount is not deposited, the appellant / applicant is directed to deposit the same within two weeks from today. However, if the fine amount is already deposited, the appellant /

applicant is directed to place on record a copy of receipt of payment of fine amount.

V.

In Criminal Appeal, issue notice to the respondent, returnable on 25th June, 2025. The learned APP waives service of notice on behalf of the respondent.

VI.

Call record and proceedings.

[ SANJAY A. DESHMUKH, VJ. ] nga