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Bombay High CourtAPPLN/2619/2025application allowed

Subhash Pundlikrao Sonkamble v. The State Of Maharashtra

2025-07-16Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:18505

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO. 2619 OF 2025 IN APEAL/526/2025 Subhash Pundlikrao Sonkamble

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Madde Shrikant B APP for Respondents-State: Mr. V. M. Jaware ...

CORAM : ARUN R. PEDNEKER, J.

Dated : July 16, 2025.

PER COURT :- 1.

Present application has been filed by original accused for suspension of substantive sentence imposed on him in Sessions Case No.49/2022, dated 03/07/2025, by learned Additional Sessions Judge, Ahmedpur, District Latur. 2.

The applicant has been convicted thus ;

" 1) Accused Subhash Pundlikrao Sonkamble is convicted for the offence punishable under Section U/Sec. 332, 353, 384, 393 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year for each offence and to pay fine of Rs.5000/- (Rupees Five Thousand only) for each offence, in default, to undergo rigorous imprisonment for three months for each offence...."

3.

Heard both sides.

4.

The learned Counsel for the applicant submits that the evidence of Pws. 1 and 2 indicates that the applicant is a social worker, and there are no independent witnesses examined in support of the prosecution case. He, therefore, submits that, considering the nature of the evidence, the applicant's substantive sentence deserves to be suspended. Page 1 of

903 CA 2619-2025 5.

Having regard to the submissions made and the material on record, the Court is of the opinion that the substantive sentence imposed on the applicant deserves to be suspended till the final hearing and disposal of the appeal, subject to the condition that he shall deposit the fine amount before the Trial Court, if the same has not already been deposited, and on the following terms :

ORDER

1) The application stands allowed, subject to the condition that the applicant shall deposit the fine amount before the Trial Court, if the same has not already been deposited. 2) The sentence imposed on the applicant / appellant in Sessions Case No.49/2022, dated 03/07/2025, by learned Additional Sessions Judge, Ahmedpur, District Latur, is hereby suspended till the final hearing and disposal of Criminal Appeal No.526/2025.

3) The applicant/ appellant be released on P.R. of Rs.30,000/- (in words rupees thirty thousand only) with two sureties of Rs.15,000/- each (in words rupees fifteen thousand only).

4) Applicant/ appellant shall not commit any criminal activity.

5) Bail before Trial Court.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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