Hanmant Raosaheb Wazarkar (Wazargekar) v. The State Of Maharashtra

2025:BHC-AUG:32722

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4473 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 372 OF 2025 Hanmant s/o Raosaheb Wazarkar (Wazargekar)

VERSUS

The State of Maharashtra ...

Mr. S. S. Palnitkar, Advocate for Applicant Mr. N. D. Raje, APP for Respondent/State ***

CORAM

: ABHAY S. WAGHWASE, J RESERVED ON : NOVEMBER 27, 2025 PRONOUNCED ON : NOVEMBER 28, 2025 ORDER:

1.

Present application is for suspension of sentence and grant of bail as a result of conviction recorded by learned Judicial Magistrate First Class, Degloor in Regular Criminal Case No. 133/2016 vide judgment and order dated 31.03.2028 and learned Additional Sessions Judge, Biloli in Criminal Appeal No. 10/2018 vide judgment and order dated 21.11.2025 partly allowed the Appeal.

2.

Learned Counsel for the Applicant submits that present Applicant has been tried for offences under Sections 452, 354 and 506 of the Indian Penal Code. That, learned Judicial Magistrate First Class, Degloor was pleased to convict the Applicant for above offence. The said judgment was challenged before learned Additional Sessions Judge, Biloli by filing

Criminal Appeal No. 10/2018, however, learned First Appellate Court was pleased to partly allow the same but recorded conviction for offence under sections 354 and 452 of the I.P.C., against which, present Revision has been filed. He submits that Applicant has been taken into custody by virtue of above order. That, in Trial Court as well as before Appellate Court applicant was on bail. That, during the pendency of the revision present application for bail is pressed into service. That, applicant has good case on merit in revision and has every hope in succeeding the case. According to him, there are several infirmities in the impugned judgment and order. However, as much more time would be required to hear revision, he urges to grant of bail.

3.

Learned APP for Respondent/State strongly opposes the application.

4.

It seems that yet notice has not been issued to other side. However, considering the nature of proceedings and as revision is yet to be heard, relief of bail deserves to be granted. 5.

In view of above, following order:

O R D E R

A.

Criminal Application stands allowed.

B.

Substantive sentence imposed on applicant by learned Judicial Magistrate First Class, Degloor in Regular Criminal

Case No. 133/2016 vide judgment and order dated 31.03.2028 and judgment and order dated 21.11.2025 passed by learned Additional Sessions Judge, Biloli in Criminal Appeal No. 10/2018, stands suspended till the final hearing and disposal of Criminal Revision Application No. 372/2025.

C.

The applicant be released on bail on P.R. Bond of Rs. 15,000/- (Rupees fifteen thousand only) with one solvent surety in the like amount.

D.

The applicant shall not commit any criminal activity. E.

Bail before trial Court.

(ABHAY S. WAGHWASE, J.) Umesh