Israil Ismail Sayyad And Others v. The State Of Maharashtra

2025:BHC-AUG:27844

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CRIMINAL APPLICATION NO. 3790 OF 2025 IN CRIMINAL APPEAL NO.741 OF 2025

1. Israil S/o Ismail Sayyad, Age: 35 years, Occu: Agri., R/o. Antarwanpimpri, Tq. & Dist. Beed.

2. Dnyaneshwar S/o Babasaheb Shinde, Age: 46 years, Occu: Agri., R/o. Antarwanpimpri, Tq. & Dist. Beed.

3. Santosh S/o Vaijinat Thorat, Age: 43 years, Occu: Business, R/o. Thoratwadi, near Old S. P. Office, Tq. & Dist. Beed.

... Applicants

Versus

The State of Maharashtra ... Respondent .....

Mr. Kanade Angad L., Advocate for the Appellants Mr. C. V. Bhadane, APP for the Respondent - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

06.10.2025 PER COURT :

1.

Heard the learned Advocate for the Applicants and the learned APP for the Respondent - State.

2.

The Applicants are convicted by the learned Sessions Judge, Beed, in Sessions Case No.231/2022, for the offences punishable under

Sections 353, 332, 333, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to suffer rigorous imprisonment for one [01] year with fine of Rs.500/- each, in default of payment, to suffer simple imprisonment for three [03] months, for the offence under Sections 353 and 332 of IPC; and further sentenced to suffer rigorous imprisonment for four [04] years with fine of Rs.1000/- each, in default of payment, to suffer simple imprisonment for six [06] months, for the offence under Section 333 of IPC.

3.

The case of Prosecution is that, the Health Worker in the Civil Hospital, Beed, was assaulted by the Applicants in the intervening night on 24/12/2021 and 25/12/2021, as the quarrel took place in respect of admitting the Appellant - Israil Ismail Sayyad, who had sustained the head injury. 4.

There was a police booth in the Civil Hospital. However, there was a delay of one [01] day in reporting the incident to the police. The Applicants were on bail during the trial. They have deposited the fine amount. The conviction is for term sentence. The Appeal will not come up for final hearing in near future. Hence, I proceed to pass the following order:

ORDER

[I] Criminal Application is allowed.

[II] The substantive sentence imposed upon the Applicants, namely, (1) Israil S/o Ismail Sayyad, (2) Dnyaneshwar S/o Babasaheb Shinde, and

(3) Santosh S/o Vaijinat Thorat, by the learned Sessions Judge, Beed vide Judgment and Order dated 30/09/2025, passed in Sessions Case No.231/2022, is hereby suspended till final disposal of the Appeal. [III] The Applicants be released on bail on furnishing P. R. Bond of Rs.15,000/- [Rupees Fifteen Thousand] each, with one surety in the like amount each.

[IV] The Applicants shall co-operate in early disposal of the Appeal. [V] Bail before the Trial Court.

[VI] Criminal Applications stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/October-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 06/10/2025 18:28:25