Somnath Rajendra Patil And Others v. The State Of Maharashtra

912 CRi.appln NO. 3264 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 912 CRIMINAL APPLICATION NO. 3264 OF 2025 IN APEAL/629/2025 SOMNATH RAJENDRA PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Abhijit S. More, Advocate for Applicants Mr. P. P. Dawalkar,APP for Respondent/State AND CRIMINAL APPEAL NO. 629 OF 2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22.08.2025 PER COURT :- 1.

This is an application for suspension of sentence passed by the Sessions Judge, Dharashiv Dist. Dharashiv, in Sessions Case No.24 of 2021.

2.

The learned advocate for the applicants submitted that the learned Sessions Judge has rightly held that no offence under Section 307 of the Indian Penal Code was made out against the present applicants. However, the learned Sessions Judge committed an error by convicting the applicants for the offence punishable under Section 323 and sentencing them to suffer rigorous imprisonment for three years. He further submitted that the injuries sustained by the informant do not attract the offence under Section 323 or 324 of the Indian Penal Code. He submitted that the applicants have hopes of success in the appeal and therefore prayed for suspension of sentence and release the applicants on bail.

3.

The learned APP strongly opposed the application.

(( 2 )) 912 CRi.appln NO. 3264 OF 2025 4.

I have perused the impugned judgment. Considering the reasons stated therein and the facts and circumstances of the case, it would be appropriate to suspend the substantive part of sentence and grant bail to the applicants till the final disposal of the appeal. Hence, the following order:

::ORDER::

I Criminal application is allowed.

II The substantive part of sentence passed as against the applicants by the Sessions Judge, Dharashiv, Dist. Dharashiv dated 22.07.2025 in Sessions Case No.24 of 2021 is hereby suspended till the disposal of appeal and till then the applicants-accused are released on bail on furnishing personal bond of Rs.15,000/- with one surety of the like amount. III Bail before the lower Court.

CRIMINAL APPEAL NO. 629 OF 2025 1.

Admit.

2.

Call R & P along with paper book.

3.

Stand over to 03.10.2025.

[ SANJAY A. DESHMUKH, J. ] HRJadhav