Sunil Chandrasen Kothimbire v. The State Of Maharashtra Through Barshi City Police Station

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3488 OF 2025 IN CRIMINAL APPEAL NO. 895 OF 2025 Sunil Chandrasen Kothimbire .... Applicant

Versus

The State Of Maharashtra Through Barshi City Police Station .... Respondent ----- Adv. Pradyumna Sharma, Advocate for the Applicant. Mr. Nitin B. Patil, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.12.04 14:44:13 +0530 SHANTANU SHANKARSA DHUDUM DATE : 2nd DECEMBER, 2025.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the Respondent - State.

2.

By this application, the Applicant is seeking suspension of sentence imposed on him by the learned Additional Sessions Judge, Barshi in Sessions Case No.230 of 2023.

3.

It is contention of learned counsel for the Applicant that the Applicant has been convicted for the offence punishable under Section Shantanu S. Dhudum 1/3

489(c) read with Section 34 of the Indian Penal Code, 1860 (for short, "IPC"), and sentenced to suffer Rigorous Imprisonment for seven years and pay to fine of Rs.2,000/- in default of fine, he shall suffer Simple Imprisonment for two months. Learned counsel further submitted that the Applicant has deposited fine amount. During trial, the Applicant was on bail. The Applicant is behind bar for around three months. The Applicant has no antecedent. It may take time to conclude the trial, and requested to allow the application. 4.

It is contention of learned APP that the prosecutions has proved case beyond reasonable doubt before the trial Court accordingly the Applicant has been convicted. If the Applicant is released on bail, he may abscond, and requested to reject the application.

5.

I have heard both learned, perused the impugned judgment and order.

6.

During the trial, the Applicant was on bail. He has not misused liberty. The Applicant is behind bar around three months. The Applicant has no antecedent. It may take time to dispose of the appeal. Considering these fact, I pass following order: Shantanu S. Dhudum 2/3

ORDER

i. The Application is allowed.

ii. The substantive sentence imposed on the Applicant in Sessions Case No.230 of 2023, in terms of order dated 02/08/2025 passed by the learned Additional Sessions Judge, Barshi, is suspended till final disposal of the appeal.

iii. The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

iv. The bail bond to be furnished before the trial Court. . Criminal Interim Application stands disposed off. 7.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3