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Bombay High CourtAPPA/691/2025other disposed off

Tillu Manish Amrutlal Sharma v. State Of Maharashtra Through Police Station Officer Paratwada Police Station

2025-08-12Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 691 OF 2025 IN CRIMINAL APPEAL NO.

OF 2025 Tillu @ Manish s/o Amrutlal Sharma and others 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. D.K. Khushalani, counsel for applicants.

Mr. C.A. Lokhande, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/08/2025.

1.

By this application, the appellants are seeking suspension of sentence and releasing them on bail. 2.

Heard learned counsel for the appellants, who submitted that the appellants are convicted for the offence punishable under Section 353 and sentenced to suffer R.I. for three months each and to pay a fine of Rs. 3,000/-, in default to suffer R.I. for 15 days. They are further sentenced for the offence punishable under Section 504 read with Section 34 of the IPC and sentenced to suffer R.I. for one month each and to pay fine of Rs. 1000/- each in default to suffer R.I. for seven days each.

3.

He invited my attention towards the evidence and the impugned judgment and submitted that appellant has many arguable points in the present appeal. Moreover, the punishment imposed is of a limited period. In the meantime,

if the sentence is executed, the appeal would become infructuous.

4.

Learned APP strongly opposed for the same and submitted that the appeal itself is devoid of merit. 5.

On perusal of the impugned judgment, from which 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. 80/2019 is hereby suspended till disposal of the appeal.

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

6.

The criminal application is disposed of.

CRIMINAL APPEAL NO. 395 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.]