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Bombay High CourtAPPLN/2252/2025application allowed

Najim Qureshi Haji Qureshi v. The State Of Maharashtra And Others

2025-10-03Hon'Ble Shri Justice Abhay J. Mantri3 pages

2025:BHC-AUG:27791

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2252 OF 2025 IN CRIMINAL APPEAL NO. 457 OF 2025 Najim Qureshi Haji Qureshi ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. B.V. Dhage, Advocate for the applicant Ms. A.S. Deshmukh, A.P.P. for respondent no.1 - State ....

CORAM : ABHAY J. MANTRI, J.

DATE : 03rd OCTOBER, 2025 PER COURT :

CRIMINAL APPLICATION NO. 2252 OF 2025 :- 1.

The applicant has moved this application to suspend the substantive sentence awarded by learned Sessions Judge, Aurangabad vide judgment and order dated 15th May, 2025 passed in Sessions Case No. 191 of 2018 whereby the applicant is convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer imprisonment for one year and to pay fine of Rs.10,000/-, and release him on bail. 2.

Heard learned counsel for the applicant and learned A.P.P. for the State. Perused the impugned judgment and order as well as the record. 3.

At the outset, it appears that during the trial, the applicant was on bail. After passing the conviction order, the Sessions Judge released him on 1 / 3

bail on executing P.B. and S.B. of Rs. 15,000/-, and the said order continues to this date. The applicant has deposited the fine amount in the Sessions Court.

4.

Having considered the aforesaid facts and grounds raised in the appeal memo, as well as the reasons disclosed in the application and the facts that the applicant has challenged the Judgment and order before this Court in an appeal, which will take time to decide. In view of the above, I am of the view that it would be appropriate to suspend the substantive sentence of imprisonment awarded by the Sessions Judge and release the applicant on bail till the disposal of the appeal.

5.

As such, a criminal application is allowed in terms of the prayer clause (B). The substantive sentence awarded by learned Sessions Judge vide order dated 15th May, 2025, in Sessions Case No. 191 of 2018 is hereby suspended till disposal of the appeal. The bail bonds executed by the applicant before the trial Court on 15th May, 2025, shall be continued till the disposal of the appeal.

CRIMINAL APPEAL NO. 457 OF 2025 :- 1.

Heard.

2.

Having considered the grounds raised in the appeal memo, the appeal is 'admitted'.

2 / 3

3.

Issue notice to the respondents. Learned A.P.P. waives service of notice for Respondent No.1.

4.

Call for Record and Proceedings along with the paper-book. List the matter after receipt of the paper-book. ( ABHAY J. MANTRI, J. ) SSD 3 / 3