Sarjerao Alias Balu Bhanudas Puyad v. The State Of Maharashtra

2025:BHC-AUG:18506

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 904 CRIMINAL APPLICATION NO. 2643 OF 2025 IN APEAL/913/2024 Sarjerao Alias Balu Bhanudas Puyad

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Shinde Dhananjay M. APP for Respondents-State: Ms. P. V. Diggikar Advocate for Assist to APP : Mr. V. B. Dhage ...

WITH CRIMINAL APPLICATION NO. 4373 OF 2024 IN APPLN/4181/2024 ...

CORAM : ARUN R. PEDNEKER, J.

Dated : July 16, 2025.

PER COURT :- 1.

Criminal Application No.4373 of 2024 filed to Assist the learned APP. Said application is allowed and disposed of.

2.

Present application has been filed by original accused for suspension of substantive sentence imposed on him in Sessions Case No.177/2022, dated 22/08/2024, by learned Additional Sessions Judge-3, Nanded, District Nanded. 3.

The applicant has been convicted thus ;

" 3.

Accused No.1-Ranjit Bhanudas Puyad, No.2- Sarjerao @ Balu Bhanudas Puyad, No.3-Bhanudas Motiram Puyad and No.4-Sanjay Govindrao Puyad, are hereby convicted for the offence punishable under Section 326 r/w 34 of the Indian Penal Code vide Section 235(2) of Code of Criminal Procedure and they are sentenced to suffer 05 (Five) years Rigorous 1 of

904 CA 2643-2025 (2) Imprisonment and to pay fine of Rs.10,000/- (Rs. Ten thousand only), each, in default of payment of fine they shall undergo rigorous imprisonment of 06 (Six) months. 4.

Accused No.1-Ranjit Bhanudas Puyad, No.2Sarjerao @ Balu Bhanudas Puyad, No. 3-Bhanudas Motiram Puyad and No.4-Sanjay Govindrao Puyad, are hereby convicted for the offence punishable under Section 324 r/w 34 of the Indian Penal Code vide Section 235(2) of Code of Criminal Procedure and they are sentenced to suffer 01 (One) year Rigorous Imprisonment..... "

4.

Heard both sides.

5.

This is second application for suspension of sentence and his earlier application came to be rejected on 21/10/2024. The learned Counsel for the applicant submits that the maximum sentence imposed on the applicant is five years, and he has already undergone three years and one month of the said sentence. The learned Counsel assisting the learned APP submits that an application has been filed for enhancement of sentence. However, considering that the applicant has already undergone more than 50% of the sentence, it is submitted that the remaining sentence may be suspended during the pendency of the appeal.

6.

In view of the above, and having regard to the period of incarceration already undergone by the applicant and the pendency of the appeal, this Court is of the opinion that the substantive sentence deserves to be suspended till the final hearing and disposal of the appeal, subject to 2 of

904 CA 2643-2025 (2) the following terms and conditions:

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.177/2022, dated 22/08/2024, by learned Additional Sessions Judge-3, Nanded, District Nanded, is hereby suspended till the final hearing and disposal of Criminal Appeal No.913/2024.

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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