Vaibhav Ravindra Borate v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3616 OF 2025 IN CRIMINAL APPEAL NO. 947 OF 2025 Vaibhav Ravindra Borate .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. R. R. Galange, Advocate for the Applicant. Mr. P. P. Deokar, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.11.20 18:43:52 +0530 SHANTANU SHANKARSA DHUDUM DATE : 20th NOVEMBER, 2025.

P.C. :

1.

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

2.

Learned counsel for the Applicant seeks leave to amend. Leave granted.

3.

Amendment to be carried out forthwith.

4.

By this application, the Applicant is seeking suspension of sentence.

5.

It is contention of learned counsel for the Applicant that the Shantanu S. Dhudum 1/3

Applicant is convicted by the Additional Sessions Judge, Satara for the offence punishable under Section 304-II of the Indian Penal Code, 1860 (for short, "IPC") and sentenced to suffer Rigorous Imprisonment (for short, "RI") for five years and to pay fine of Rs.25,000/-, and in default to suffer Simple Imprisonment for one year. Learned counsel further submitted that the Applicant has deposited the fine amount. The Applicant is 28 years old and he is Karta of his family. The Applicant has undergone near half of the sentence imposed on him. There is marriage of real sister of the Applicant, hence requested to sentence imposed on the Applicant be suspended.

6.

It is contention of learned APP that the Applicant has been convicted, if he released on bail, he may abscond, and requested to reject the application.

7.

I have heard both learned counsel.

8.

The Applicant is behind bar around two years and five months. He has no antecedent. During the trial, he was behind bar. He is Karta of His family. It may take time to dispose of the appeal. Considering these facts, I pass following order: Shantanu S. Dhudum 2/3

ORDER

i. The substantive sentence imposed on the Applicant in Sessions Case No.93 of 2023, in terms of order dated 28th October, 2025 passed by the learned Additional Sessions Judge, Satara, is suspended till final disposal of the appeal.

ii. 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.

iii. The bail bond to be furnished before the trial Court. . The Criminal Interim Application stands disposed off. 9.

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