Navnath Gopal Khatke v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 3663 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 379 OF 2025 Navnath Gopal Khatke ...Applicant

Versus

The State Of Maharashtra

...Respondent

----- Ms. Tanvi Tapkire (through VC), Advocate for the Applicant. Dr. A. A. Takalkar APP for the State ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.12.10 14:36:41 +0530 SHANTANU SHANKARSA DHUDUM DATE : 8th DECEMBER, 2025.

P.C. :

1.

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

2.

The Applicant has been convicted by the learned Judicial Magistrate First Class, Sangli (for short, "JMFC") in Reg. Criminal Case No.73 of 2019 and confirmed by the learned Additional Sessions Judge, Sangli.

3.

The Applicant has been convicted by the learned JMFC, Sangli, for the offences punishable under Sections 354 of the Indian Penal Code, 1860 (for short, "IPC") and sentenced to suffer Simple Shantanu S. Dhudum 1/3

Imprisonment (for short, "SI") for three years and to pay fine of Rs.10,000/- in default payment of fine amount, the Applicant to further suffer SI for one month. The Applicant is also convicted for the offence punishable under Section 354(A)(1) of the IPC and sentenced to suffer SI for three years and to pay fine of Rs.2,000/-, in default of payment of fine amount, the Applicant to further suffer SI for one month. The Applicant is also convicted for the offence punishable under Section 452 of the IPC and sentenced to suffer SI for three years and to pay fine of Rs.2,000/-, in default of payment of fine amount, the Applicant to further suffer SI for one month. 4.

It is contention of learned counsel for the Applicant that the Applicant is behind bar for more than nine days. During the trial, the Applicant was on bail and has not misused liberty, and requested to allow the application.

5.

Learned APP strongly objected to allow the application on the ground that the Applicant has been convicted, if the Applicant is released on bail, he may abscond, and requested to reject the application.

6.

I have heard both learned counsel.

7.

The sentence imposed on the Applicant is short term Shantanu S. Dhudum 2/3

sentence. During the trial, the Applicant was on bail, and he has not misused liberty. It may take time to dispose of the appeal, and I pass following order:

ORDER

i. The application is allowed.

ii. The sentenced imposed on the Applicant in Reg. Criminal Case No.73 of 2019 , in term of order dated 11.10.2021 passed by the learned JMFC, Sangli and confirmed by the learned Additional Sessions Judge, Sangli vide order dated 28.11.2025, is hereby suspended.

iii. 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.

iv. The bail bond to be furnished before the trial Court. v. The Criminal Interim Application stands disposed off. 8.

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