Kishor Abhimanyu Gavit v. The State Of Maharashtra

2025:BHC-AUG:29777 909.APPLN.3974.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3974 OF 2025 IN CRIMINAL APPEAL NO. 788 OF 2025 Kishor Abhimanyu Gavit ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPEAL NO. 788 OF 2025 *** Mr. Savale Amit S., Advocate for the Applicant. Mr. R. K. Ingole, APP for Respondent - State. *** CORAM : ABHAY J. MANTRI, J.

DATE : OCTOBER 17, 2025 PER COURT :

1.

The applicant/original accused has filed this application to suspend the sentence awarded by judgment and order dated 03rd September 2025, passed by the learned Additional Sessions judge, Shahada in Sessions Case No.62 of 2021, whereby convicted him for the offences punishable under Sections 353 and 332 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and for release him on bail. 2.

Heard learned advocate for the applicant and learned APP for the respondent - State and gone through the impugned judgment and record.

Shrikant Malani

909.APPLN.3974.2025.odt 3.

At the outset, it appears that the applicant was on bail during the trial. After the passing of the conviction order, it doesn't seem that the learned Sessions Court cancelled his bail bond or that he was directed to surrender himself to suffer the sentence. The learned advocate for the applicant submitted that he is not in jail. The applicant also appears to have deposited a fine amount awarded in the Sessions Court. The applicant has also preferred the appeal challenging the impugned judgment, and it will take time to decide finally.

4.

Having considered the above facts and submissions of the learned advocate for the applicant, I deem it appropriate to suspend the sentence and release the applicant on bail.

5.

Accordingly, the impugned judgment dated 03rd September 2025, passed by the learned Additional Sessions Judge, Shahada, in Sessions Case No.62 of 2021, whereby the sentence awarded to him is hereby suspended. The applicant shall be released on bail on furnishing PB and SB of 50,000/- in the like amount before the learned Additional Sessions ₹ Court, within four (04) weeks from today.

6.

The application is allowed in the above terms. (ABHAY J. MANTRI, J.) Shrikant Malani