Dnyaneshwar Dhansing Banjara v. The State Of Maharashtra
2025:BHC-AUG:28589 904-APPLN-3870-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3870 OF 2025 IN CRIMINAL APPEAL NO. 763 OF 2025 Dnyaneshwar Dhansing Banjara ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT ....
Mr. A.S. Sawant, Advocate for the applicant Mr. R.K. Ingle, A.P.P. for the respondent - State ....
CORAM : ABHAY J. MANTRI, J.
DATE : 10th OCTOBER, 2025 PER COURT :
1.
The applicant / Accused No.4 has filed this application to suspend the substantive sentence awarded by learned Sessions Court, Nandurbar in Sessions Case No. 41 of 2022 vide judgment and order dated 18th September, 2025, whereby convicted the applicant for the offence punishable under Section 323 read with Section 34 of the Indian Penal Code and sentenced to suffer simple imprisonment for one year and to pay fine of Rs.1,000/-. 2.
Heard learned counsel for the applicant and learned A.P.P. for the state. Perused the impugned judgment and order as well as the record. 3.
At the outset, it appears that during the trial, the applicant was on bail. After passing the conviction order, the learned Sessions Judge released the applicant on bail bonds till 17th October 2025. The applicant has 1 / 2
904-APPLN-3870-25.odt deposited the fine amount with the learned Sessions Court. It also appears that the applicant has preferred the appeal challenging the impugned judgment and order, and it will take time to finally decide. 4.
Considering the above facts, in my view, it would be appropriate to suspend the substantive sentence passed against the applicant and release him on bail until the appeal is disposed of.
5.
As such, the substantive sentence awarded against the applicant by the learned Sessions Court vide impugned judgment and order is suspended till the disposal of the appeal. The applicant be released on bail on executing P.B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand) before the learned Sessions Court within four weeks from today, failing which a necessary order will be passed. Criminal application stands disposed of accordingly. ( ABHAY J. MANTRI, J. ) SSD 2 / 2