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Bombay High CourtAPPLN/4251/2025application allowed

Mukesh Raghunath Chopdar And Another v. The State Of Maharashtra

2025-11-17Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:31460

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO.4251 OF 2025 IN CRIMINAL APPEAL (ST.) NO.11848 OF 2025 1.

Mukesh Raghunath Chopdar 2.

Prasad Mukesh Chopdar ....Applicants

Versus

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

Shri. S. K. Shinde h/f. Shri. Vijay Ratilal Gundecha, Advocate for the Applicants Ms. M. S. Sangit, APP for the Respondent - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

NOVEMBER 17, 2025 PER COURT :- .

This is the Application for Suspension of substantive Sentence imposed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.109/2020. The Conviction and Sentence is as under : "ORDER 1.

Mukesh Raghunath Chopdar (Accused No.1), Prasad Mukesh Chopdar (Accused No.2) are hereby acquitted as per Section 235(1) of the Code of Criminal Procedure, 1973 of the offences punishable under sections 188 and 269 of the I.P.C.

2.

Prasad Mukesh Chopdar (Accused No.2) is hereby acquitted as per Section 235(1) of the Code of Criminal Procedure, 1973 of the offences punishable under sections 504 of the I.P.C.

3.

Mukesh Raghunath Chopdar (Accused No.1), Prasad Mukesh Chopdar (Accused No.2) are hereby Convicted as per Section 235(2) of the Code of Criminal Procedure, 1973 for the offence punishable under section 353 read with 34 of the I.P.C. and each of them sentenced to suffer Simple Imprisonment for one year and to pay a fine of Rs. 5,000/-(Rs. Five Thousand only) each, in default to suffer Simple Imprisonment for one month. 4.

Mukesh Raghunath Chopdar (Accused No.1),

Prasad Mukesh Chopdar (Accused No.2) are hereby Convicted as per Section 235(2) of the Code of Criminal Procedure, 1973 for the offence punishable under section 332 read with 34 of the I.P.C. and each of them sentenced to suffer Simple Imprisonment for six month and to pay a fine of Rs. 2,000/-(Rs. Two Thousand only) each, in default to suffer Simple Imprisonment for fifteen days. 5.

Mukesh Raghunath Chopdar (Accused No.1) is hereby Convicted as per Section 235(2) of the Code of Criminal Procedure, 1973 for the offence punishable under sections 504 of the I.P.C. and sentenced to suffer Simple Imprisonment for six month.

6.

The accused to surrender their bail bonds.

7.

The seized mudemal P.R. No.79/2021 i.e. Shirt / Uniform be returned to the informant after appeal period is over.

8.

The seized Bajaj Pulser motorcycle is already returned to the accused no.1 on Supurtnama Bond. The said bond stands cancelled after appeal period is over. 9.

The sentences shall run concurrently.

10.

The set of be given to accused no.1 and 2 as per Section 428 of the Cr.P.C.

11.

Copy of this judgment be given to the accused free of costs forthwith."

2.

The Sentence imposed on the Applicants is already suspended by the learned Trial Court. The said order of Suspension of Sentence to continue during the pendency of the Appeal. Fresh bonds in the same amount be submitted by the Applicants - Appellants before the learned Trial Court within a period of two (2) weeks. The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 18/11/2025 11:21:42