Shahrukh @ Jafar Dilawar Shemale v. The State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 3146 OF 2025 IN CRIMINAL APPEAL NO. 874 OF 2025 Shahrukh @ Jafar Dilawar Shemale ...Applicant

Versus

The State Of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.10.07 11:15:00 +0530 ------- Mr. Tejas Hilage for the applicant.

Dr. A. A. Takalkar APP for the State.

Ms. Deepjyoti Patil, API, Rajapur Police Station, Ratnagiri ------- CORAM :

SHIVKUMAR DIGE, J.

DATE :

30th SEPTEMBER, 2025 P.C.:

1.

By this application, the applicant is seeking suspension of sentence imposed on the applicant by the learned Sessions Judge Ratnagiri by the judgment and order passed in Sessions Case No. 30/2020.

2.

The applicant is convicted under Sections 353 and 426 of the Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for one year and pay total fine of Rs. 700/- and in default to suffer further rigorous imprisonment for one month. 1/3

3.

It is the contention of learned counsel for the applicant that during the trial, the applicant was on bail. He has attended trial Court dates regularly. The applicant has paid the total fine amount. It may take time to hear the appeal finally. Hence, requested to allow the application.

4.

Learned APP strongly objected to allow the application. 5.

I have heard both the learned counsel. Perused the impugned judgment and order.

6.

The sentence imposed on the applicant is short term sentence. During the trial, the applicant was on bail. He has not misused his liberty. It may take time to hear the Appeal finally. In view of above, the Applicant's sentence is suspended and he is enlarged on bail till pending the hearing and final disposal of the appeal, on the following terms and conditions :

O R D E R

The Applicant be enlarged on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

7.

Interim Application is allowed in the aforesaid terms and 2/3

disposed off.

8.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 3/3