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Bombay High CourtIA/3623/2025allowed

Mahesh Ankush Jikamade v. State Of Maharashtra

2025-11-28Hon'Ble Shri Justice Shivkumar Dige2 pages

912-IA-3623-2025 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3623 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 375 OF 2025 Mahesh Ankush Jikamade ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Advait Vajarathkar a/w Ms. Sakshi Jankar, Advocate for Applicant. Ms. Veera Shinde, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

28th NOVEMBER 2025 P.C.

1.

By this Application the applicant is suspension of sentence and grant of bail.

2.

It is contention of learned counsel for the Applicant that applicant was convicted by learned Chief Judicial Magistrate Sindhudurg-Oros in Regular Criminal Case No. 14 of 2022 by order dated 29.01.2025 for the offence punishable under Section 509 of Indian Penal Code and sentenced to suffer one year simple imprisonment and to pay fine of Rs.5,000/-, in default to payment of fine he is sentenced to suffer simple imprisonment for three months. This sentence is confirmed by learned Sessions Judge. Learned counsel further submitted that during trial the applicant was on bail. He is behind bar for 20 days. The applicant is Karta of his family. It may take time to dispose off the appeal and requested to allow the application.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.01 17:17:14 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

912-IA-3623-2025 (CR).DOC 3.

Learned APP strongly objected to allow the application on the ground that if applicant released on bail, he may abscond or threaten the first informant. Hence, requested to reject the application.

4.

I have heard both learned counsel. The sentence imposed upon the applicant is short terms sentence. During trial he was on bail. He is behind bar for 20 days. Considering these facts, I pass following order :

ORDER

(i) The Application is allowed;

(ii) The substantive sentence of imprisonment awarded to the applicant confirmed by the learned Additional Sessions Judge, Sindhudurg - Oros by order dated 06.11.2025 is hereby suspended;

(iii) The applicant be enlarged on bail on furnishing PR bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(iv) The bail bonds to be furnished before the learned Chief Judicial Magistrate Sindhudurg-Oros.

5.

The application is allowed in the aforesaid terms and is accordingly disposed off.

(SHIVKUMAR DIGE, J.) Sajakali Jamadar