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Bombay High CourtAPPLN/2340/2025application allowed

Ashok Shivaji Aadsule And Another v. The State Of Maharashtra And Another

2025-07-30Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:20076

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CRIMINAL APPLICATION NO. 2340 OF 2025 IN APEAL/482/2025 ASHOK SHIVAJI AADSULE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.K.A.Pathade h/f.Mr.P.P.More APP for Respondent-State : Mr.G.O.Wattamwar ...

WITH CRIMINAL APPEAL NO. 482 OF 2025 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 30.07.2025 P.C. :

1] The present application is filed by the applicants for suspension of substantive sentenced imposed on the applicants in Special Case No.25/2022, by order dated 29.05.2025, by learned Sessions Judge, Latur. The applicants have been convicted thus:

The applicants are convicted for the offence punishable under Section 354 (D) of the IPC and sentenced to suffer R.I. for six months and to pay fine of Rs.5000/- each, IDSI for three months.

2] The learned counsel for the applicants submit that the maximum sentence awarded to the applicants is of six months, as such, the substantive sentence imposed on the applicants be suspended.

3] Considering the submissions of the applicants, I pass the following order :

ORDER

i] Criminal Application is allowed.

ii] The substantive sentence imposed on the applicants Special Case No.25/2022, by order dated 29.05.2025, by learned Sessions Judge, Latur, stands suspended till the final hearing and disposal of Criminal Appeal.

iii] The applicants be released on bail on furnishing P.R.bond of Rs.20,000/- each, with two sureties in the like amount, subject to deposit of fine amount 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.

[ARUN R. PEDNEKER] JUDGE DDC