Yogesh Dnyaneshwar Chavhan v. The State Of Maharashtra

2025:BHC-AUG:31918 1 of 3 907-APPLN.3617.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CRIMINAL APPLICATION NO. 3617 OF 2025 IN APEAL/765/2025 YOGESH DNYANESHWAR CHAVHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Sanket S. Jangale h/f. Mr. Rahul R. Karpe, Advocate for Applicant; Ms. M. L. Sangit, APP for Respondent-State.

...

CORAM :

NEERAJ P. DHOTE, J.

DATE :

20th NOVEMBER, 2025 P.C.:- 1.

Heard learned Advocate for the Applicant, learned APP for Respondent-State.

2.

This is an application for suspension of sentence imposed by the learned Sessions Judge, Rahata in Sessions Case No.212 of 2024, by judgment and order dated 22.08.2024, convicting the Applicant/ Appellant for the offence punishable under Section 397 of Indian Penal Code (IPC) and sentencing him to suffer rigorous imprisonment for 7 years.

3.

The case of the prosecution is that, in the evening of 15.07.2022, the injured eyewitness noticed the Applicant cutting an iron angle of the fencing. When he made an inquiry with the Applicant/Appellant, the Applicant/Appellant assaulted him with the

2 of 3 907-APPLN.3617.2025 iron angle. The son of the injured intervened and the injured was taken to the hospital. The incident was reported to the police, resulting in registration of Crime No.321 of 2022 against the Applicant for offences punishable under Sections 379, 511, 307, 324, 323 and 506 of the IPC.

4.

The sentence imposed on the Applicant/Appellant is the term sentence of 7 years. The Applicant/Appellant is behind bars since 16.07.2022 and has till date, undergone imprisonment for a period of 3 years and 4 months. It is seen that he would shortly complete half of the sentence imposed on him. The Appeal has been recently admitted and there is no likelihood of its final hearing in the near future. Hence, the following order is passed:-

ORDER

(i) The Application is allowed.

(ii) The substantive Sentence imposed by the learned learned Sessions Judge, Rahata in Sessions Case No.212 of 2024 vide the Judgment and order dated 22.08.2024 on the Applicant/Appellant, by name, Yogesh Dnyaneshwar Chavhan, for the offence punishable under Section 397 of the Indian Penal Code, is suspended during pendency of the Appeal.

3 of 3 907-APPLN.3617.2025 (iii) Applicant-Yogesh Dnyaneshwar Chavhan be released on bail on furnishing P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount.

(iv) The Applicant-Appellant shall co-operate in early hearing of the Appeal.

(v) Bail before the Trial Court.

(vii) Application stands disposed off accordingly. (NEERAJ P. DHOTE, J.) Tauseef