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Bombay High CourtAPPLN/2285/2025application allowed

Prakash Bhimrao Dabhade v. The State Of Maharashtra

2025-07-09Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:17674 2285.25APPLN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CRIMINAL APPLICATION NO. 2285 OF 2025 IN CRIMINAL APPEAL STAMP/6417/2025 PRAKASH BHIMRAO DABHADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.S.K.Kulkarni APP for Respondent-State : Mr.P.P.Dawalkar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09.07.2025 P.C. :

1] The present application has been filed by the applicant for suspension of substantive sentence imposed on the applicant in Sessions Case No.75/2024 by order dated 17.03.2025, by learned Additional Sessions Judge-5, Aurangabad. The applicant has been convicted thus : The applicant is convicted for the offence punishable under Section 332 of the Indian Penal Code and sentenced to suffer simple imprisonment for six months and fine of Rs.1000/-, in default, to suffer simple imprisonment for 15 days.

2] The sentence awarded to the applicant is of 6 months. The applicant has arguable case and the appeal will

2285.25APPLN take time to conclude. In view of the same, I pass the following order :

ORDER

i] Criminal Application is allowed.

ii] The substantive sentence imposed on the applicant in Sessions Case No.75/2024 by order dated 17.03.2025, by learned Additional Sessions Judge-5, Aurangabad, stands suspended till the final hearing and disposal of Criminal Appeal.

iii] The applicant be released on bail on furnishing P.R.bond of Rs.20,000/-, with one or two sureties in the like amount, subject to payment of fine before the trial Court. Bail before the trial Court.

iv] Criminal Application is disposed of accordingly. v] It is also clarified that the observations made in this order are limited only for the purpose of deciding the present Application.

vi] Appeal is admitted. On admission, the learned APP waives notice for respondent-State.

vii] Call R & P.

[ARUN R. PEDNEKER] JUDGE DDC