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Bombay High CourtAPPLN/3406/2025application allowed

Angad Dattu Giri v. The State Of Maharashtra

2025-10-04Hon'Ble Shri Justice Abhay J. Mantri2 pages

2025:BHC-AUG:29063 923-APPLN-3406-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3406 OF 2025 IN CRIMINAL APPEAL NO. 663 OF 2025 Angad Dattu Giri ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Ms A.S. Deshmukh, A.P.P. for respondent no.1 - State Mr. Mahendra Kochar, Advocate for respondent no.2 ....

CORAM : ABHAY J. MANTRI, J.

DATE : 04th OCTOBER, 2025 PER COURT :

1.

None for the applicant.

2.

The applicant has filed this application to suspend the substantive sentence of imprisonment awarded by learned Additional sessions Judge, Latur vide judgment and order dated 08th July, 2025 in Special (Atrocity) Case No. 7 of 2017 whereby convicted the applicant under Sections 354(A)

(2) and 354(D)(2) of the Indian Penal Code and sentenced to suffer imprisonment for one month and to pay fine of Rs.6,000/- and also under Section 3(1)(2)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to suffer imprisonment for six months and to pay fine of Rs.1,000/-.

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923-APPLN-3406-25.odt 2.

Heard learned counsel for the respondent and learned A.P.P. Perused the impugned judgment and record.

3.

It appears from the record that the applicant was on bail during the trial, and after passing the order of conviction, he was released on bail. It also appears that he has deposited the fine amount with the trial Court. It also appears that the applicant is sentenced for a period of six months i.e. short term sentence. Moreover, he has challenged the said judgment and order in an appeal, which will take time to decide finally. 4.

Learned A.P.P. and learned counsel for Respondent No.2 objected to allowing the application.

5.

Having considered the above submissions and facts of the case, I deem it appropriate to allow the application. As such, criminal application is allowed. The substantive sentence of imprisonment awarded by the learned trial Court to the applicant, as stated above, is hereby suspended till the disposal of the appeal. The applicant be released on furnishing P.B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand) in the like amount before the Trial Court. The applicant shall not contact the victim. ( ABHAY J. MANTRI, J. ) SSD 2 / 2