Sham Madhukar Kedare v. Aakash Sarjerao Munfan And Another

907.APPLN.3307.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3307 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 268 OF 2025 Sham Madhukar Kedare ...Applicant

Versus

Aakash Sarjerao Munfan & Anr.

...Respondents

*** Mr. Jiwan J. Patil a/w Mr. R. S. Kasar, Advocate for the Applicant. Mr. R. K. Ingole, APP for Respondent/State.

*** CORAM : ABHAY J. MANTRI, J.

DATE : OCTOBER 09, 2025 PER COURT :

1.

Leave to amend the prayer clause forthwith as prayed. 2.

The applicant has filed this application to suspend the sentence of rigorous imprisonment for three months awarded vide judgment and order dated 28th February 2020, passed by the learned Additional Chief Judicial Magistrate, Ahmednagar in S.C.C. No.655 of 2019 and confirmed by the learned Additional Sessions Judge, Ahmednagar on 15th July 2025 in Criminal Appeal No.62 of 2020.

3.

Heard learned advocate for the applicant and perused the impugned judgment and record.

4.

The learned advocate for the applicant submitted that during the pendency of the trial, the applicant was on bail, and after the passing of Shrikant Malani

907.APPLN.3307.2025.odt the conviction order, he was released on bail. It further appears that the applicant has filed this revision challenging the judgments and orders passed by both courts below, and it will take time to decide finally. Similarly, he submitted that the applicant has deposited a fine amount of 1,10,000/- ₹ in the Sessions Court and the applicant is also ready to deposit 30% (i.e. ₹ 1,65,000/-) of the compensation in this Court within a week; therefore, he urged for suspending the sentence. In view of the above, I deem it appropriate to suspend the sentence, subject to the deposit of 30% amount in this Court by 16th October 2025.

4.

As such, the application is allowed. The sentence of rigorous imprisonment for three months was awarded vide judgment and order dated 28th February 2020, passed by the learned Additional Chief Judicial Magistrate, Ahmednagar, in S.C.C. No.655 of 2019 and confirmed by the learned Additional Sessions Judge, Ahmednagar, on 15th July 2025 in Criminal Appeal No.62 of 2020, is suspended. The applicant is to be released on bail on furnishing a Surety Bond and Personal Bond before the learned Trial Court in the sum of 50,000/- by 16 ₹ th October 2025.

5.

List the matter on 17th October 2025.

(ABHAY J. MANTRI, J.) Shrikant Malani