Rajiv Ramrao Ghatol v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 709 OF 2025 IN CRIMINAL APPEAL NO.

OF 2025 Rajiv Ramrao Ghatol 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 Ms Punam Pisurde, counsel h/f Mr. S.V.Sirpurkar, counsel for applicant/appellant. Mrs. Sneha Dhote, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 19/08/2025.

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 354(A)(i) of the Indian Penal Code and sentenced to suffer R.I. for three years and fine of Rs. 3,000/-, in default, to suffer S.I. for 15 days. He is further acquitted for the offence punishable under Section 3 (1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of the Atrocities) Act. She invited my attention towards the impugned judgment and pointed out that she has many arguable points in the present appeal. However, the appeal would take its own time for the final disposal. In the meantime, if the sentence is executed, the appeal would become infructuous.

3.

Learned APP strongly opposed for the same and submitted that the appeal itself is devoid of merits and liable to be dismissed.

4.

On hearing both sides and on perusal of the impugned judgment it reveals that the appellant has many arguable points in the present appeal. Moreover, the appeal would take its own time for its final disposal. In the meantime, if the sentence is executed, the appeal would become infructuous. 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 Special (Atrocity) Case No. 61/2018 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. 407 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.]