Yogesh Prabhakarrao Munjewar v. State Of Maharashtra, Thr. Pso, Sawangi (Meghe), Wardha

4appa618.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 618 OF 2025 IN CRIMINAL APPEAL NO.

OF 2025 Yogesh s/o Prabhakarrao Munjewar Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Utkarsh Mehta, counsel h/f Mr. M.V. Rai, counsel for applicant/appellant. Mr. Anant Ghogare, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 29/07/2025.

1.

By this application, the appellant is seeking suspension of sentence and releasing the appellant on bail. 2.

Heard learned counsel for the appellant, who submitted that the appellant is convicted for the offence punishable under Section 324 and sentenced to suffer rigorous imprisonment for three years and fine of Rs.50,000/-, which he has already deposited. He submitted that the maximum punishment imposed is of three years, which is a limited period punishment. The appeal would take its own time for its final disposal. In the meantime, if the sentence is executed, the appeal would become infructuous. He also pointed out from the impugned judgment that he has many arguable points in the present appeal.

3.

Learned APP strongly opposed for the same and submitted that the appeal itself is devoid of merits. rkn

4appa618.2025.odt 4.

On perusal of the impugned judgment, from which the learned counsel for the appellant has pointed out that he has many arguable points. Moreover, the punishment imposed is of a limited period. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order.

a] The criminal application is allowed.

b] The execution of the sentence passed in Sessions Case No. 101/2016 is hereby suspended till disposal of the appeal.

c] The appellant shall be released on bail on executing P.R. Bond of Rs. 25,000/- with one surety of like amount.

5.

The criminal application is disposed of.

CRIMINAL APPEAL NO. 349 OF 2025 1.

Heard.

2.

Admit.

3.

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

4.

Call for record and proceedings.

5.

The appeal be listed before this Court after preparation of the paper-book.

[URMILA JOSHI-PHALKE, J.] rkn