Gajanan Pandurang Lokhande v. State Of Maharashtra
2025:BHC-NAG:7181
(1) 944.apeal.337.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.600 OF 2025 IN CRIMINAL APPEAL NO.337 OF 2025 Gajanan Pandurang Lokhande Vs.
State of Maharashtra, through Police Station Officer, Police Station Pulgaon, Deoli, District Wardha -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. U. J. Deshpande, Counsel for the appellant. Ms. Sneha Dhote, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 18/07/2025 1.
By this application, the appellant is seeking suspension of sentence and releasing him on bail. 2.
The appellant is convicted for the offence punishable under Sections 354 and 323 of the Indian Penal Code (for short ' the IPC') and of the offence punishable under Section 354 of the IPC he is sentenced to suffer rigorous imprisonment for period of one year and fine of Rs.2000/- in default, rigorous imprisonment for period of three months and of the offence punishable under Section 323 of the IPC and sentenced to suffer rigorous imprisonment for one year and fine of Rs.2000/- in default, rigorous imprisonment for period of three months.
(2) 944.apeal.337.2025 3.
Learned Counsel for the appellant submitted that the appeal would take its own time for its final disposal. The punishment imposed is of a limited period. In view of that, the execution of the sentence be suspended and he be released on bail. 4.
Learned APP strongly opposed the said application on the ground that the appeal itself is devoid of merits.
5.
On hearing both sides and on perusal of the impugned judgment from which the learned Counsel for the appellant has pointed out that he has many arguable points in the present appeal. Moreover, the punishment is of a limited period and if the sentence is executed, then the appeal would become infructuous. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:
ORDER
(i) The sentence imposed in Sessions Case No.25/2022 is hereby suspended.
(ii) The appellant shall be released on bail on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
Criminal application is disposed of.
CRIMINAL APPEAL NO.337 OF 2025 1.
Heard.
2.
Admit.
(3) 944.apeal.337.2025 3.
Learned APP waives notice for the State.
4.
Call for record and proceedings.
4.
Appeal be listed before this Court after preparation of the paper book.
(URMILA JOSHI-PHALKE, J.) Sarkate