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Bombay High CourtAPPLN/4095/2023application allowed

Bajirao Dagduba Jadhav v. The State Of Maharashtra

2023-11-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 910 Appln-4095.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CRIMINAL APPLICATION NO.4095 OF 2023 IN APEAL/1086/2023 BAJIRAO DAGDUBA JADHAV

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. V.B. Kulkarni., Advocate for the applicant. Mr. R.D. Sanap, A.P.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

9th November 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicant, who is the original accused, is seeking suspension of his substantive sentence of imprisonment for two years for the offence punishable under Section 325 of the Indian Penal Code in Sessions Case No. 241/2021. 3.

Though the learned A.P.P. opposed the application, it seems that the applicant was on bail during the trial and he has also deposited the fine amount. As such, considering the short term of sentence of imprisonment, following order is passed

ORDER

(i) The application is hereby allowed and the substantive sentence of imprisonment for two years, for the offence punishable

(2) 910 Appln-4095.2023.odt under Section 325 of the Indian Penal Code imposed upon the applicant in Sessions Case No.241/2021 under judgment and order dated 08.08.2023, is hereby suspended during the pendency of this appeal.

(ii) Applicant be released on bail on execution of his P.R. bond of Rs. 15,000/- with solvent surety in the like amount.

(iii) Bail in lower Court.

(iv) Application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde