Vishwas Rambhau Bhosale And Another v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO. 3748 OF 2025 IN APEAL/725/2025 WITH CRIMINAL APPEAL NO. 725 OF 2025 1.
Vishwas s/o Rambhau Bhosale, Age: 38 years, Occ.- Agri.
Satyabhamabai w/o Rambhau Bhosale, Age; 75 years, Occ.- Agri. & H.H.
Both residents of village Gategaon, Tq. & Dist.- Latur ...APPLICANTS (Orig. Accused Nos. 1 & 2)
VERSUS
The State of Maharashtra, Through the Officer in charge of the police Station Gategaon Tq. Dist. Latur.
...RESPONDENT ...
Advocate for Applicants : Mr. Rahul Rajiv Deshmukh APP for Respondent/State : Mr. R.K.Ingole ...
CORAM : ABHAY J. MANTRI, J.
DATE : 01.10.2025.
PER COURT :
ORDER ON CRIMINAL APPLICATION :
1.
The applicants/Original Accused have filed this application to suspend the substantive sentence passed by the learned Additional
Sessions Judge-1, Latur, vide judgment and order dated 30.08.2025, in Sessions Case No. 19 of 2019.
Heard the learned Advocate for the applicants/appellants and the learned APP for the respondent/State. 3.
Perused the impugned judgment and the record. 4.
At the outset, it appears that, during the trial, the applicants were on bail, and after passing the conviction order, they were released on bail. It further appears from paragraph No. 2 of the application that the applicants have deposited the fine amount of Rs. 15,000/- each in the Sessions Court. It also seems that the applicants were acquitted of the offence punishable under Section 302 of the Indian Penal Code. However, they were convicted for the offence punishable under Section 498-A r/w 34 of IPC and sentenced to a maximum imprisonment of 3 years. It also appears that the applicants have filed an appeal, and it will take time to decide it finally. 5.
Having considered the above facts, I am of the view that it would be appropriate to grant the application. Accordingly, the application is allowed.
6.
The sentence awarded by the learned Additional Sessions Judge-1, Latur, in Sessions Case No. 19 of 2019, vide judgment and order dated 30.08.2025, is hereby suspended till the conclusion of the trial.
7.
After the conviction order was passed, the applicants were already released on bail by the trial Court; therefore, their P.B. and S.B. shall be continued until the appeal is decided. ORDER IN APPEAL :
1.
Heard.
Considering the grounds raised in the appeal memo, the appeal is 'admitted'.
3.
Learned APP waives service of notice for the respondentstate. 4.
Call for record and proceedings.
5.
List the appeal after receipt of the record and proceedings. ( ABHAY J. MANTRI, J. ) mahajansb/