Sharad Roda Chavhan v. State Of Maharashtra Through Pso Ps Pusad (Rural)

2025:BHC-NAG:715

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

APPA NO.83 OF 2025 IN CRIMINAL APPEAL NO. 51 OF 2025 Sharad Roda Chavhan and another .Vs.

State of Maharashtra, thr. PSO, PS Pusad (Rural) Tah. Pusad Dist. Yavatmal _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr M.N. Ali, Advocate for the applicant Ms Trupti Udeshi, APP for State CORAM : G.A. SANAP, J.

DATE : 23.01.2025 Heard.

2.

ADMIT.

3.

Issue notice to the respondent.

4.

Learned APP waives service of notice on behalf of respondent/State 5.

Call for record and proceedings.

6.

Stand over after four months.

CRIMINAL APPLICATION (APPA) NO.83 OF 2025 1.

Heard.

2.

Issue notice to the respondent.

3.

Learned APP waives service of notice on behalf of the respondent/State.

4.

This is an application for suspension of substantive

sentence.

5.

The appellant No.1-Sharad Roda Chavhan is convicted for the offence punishable under Section 323 of the Indian Penal Code (for short, 'the I.P.C.') and he is sentenced to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- in default of payment of fine further to suffer rigorous imprisonment for one month and appellant No.2-Renukabai Roda Chavhan is convicted for the offence punishable under Section 323 of the I.P.C. and she is sentenced to suffer rigorous imprisonment for the period of two months and to pay a fine of Rs.1000/-, in default of payment of fine, further to suffer rigorous imprisonment for one week.

6.

Learned Advocate for the appellants submits that considering the term of substantive sentence, the sentence has been suspended by the Additional Sessions Judge, Pusad. Learned Advocate submits that the appellants have deposited the fine amount.

7.

I have gone through the record. It is pointed out that considering the quantum of the substantive sentence, the learned Additional Sessions Judge was pleased to suspend the substantive sentence. In the fact and circumstances, the application is allowed.

8.

The substantive sentence awarded by the learned Additional Sessions Judge, Pusad District Yavatmal in Sessions Case No.35/2018 vide judgment and order dated

03.12.2024 shall remain suspended during the pendency of this appeal.

9.

The appellant No.1 Sharad Roda Chavhan and appellant No.2 Renukabai Roda Chavhan be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one surety in the like amount.

10.

The Criminal Application stands disposed of accordingly.

(G. A. SANAP, J.) manisha