Khemraj Duryodhan Bhadane v. The State Of Maharashtra

2025:BHC-AUG:15862

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1013 CRIMINAL APPLICATION NO. 1938 OF 2025 IN CRIMINAL APPEAL NO.408/2025 KHEMRAJ DURYODHAN BHADANE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.S.V.Suryawanshi APP for Respondent-State : Mrs.A.S.Mantri ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 24.06.2025 P.C. :

1] The present application has been filed by the applicant for suspension of substantive sentenced imposed on him in Sessions Case No.12/2017, dated 14.05.2025, by learned Additional Sessions Judge, Dhule. The applicant has been convicted thus:

The applicant-accused is convicted for the offence punishable under Section 307 of the IPC vide Section 235 (2) of the Code of Criminal Procedure and he is sentenced to suffer Rigorous Imprisonment for 4 years and to pay fine of Rs.5,000/-. In default of payment of fine, he is sentenced to suffer R.I. for 2 months.

2] The learned counsel for the applicant submits that the applicant is in custody for 9 months during trial and thereafter the applicant is in custody from 14th May, 2025 till today. He further submits that the appeal would take substantial time to conclude. He further submits that there is matrimonial dispute between the parties. Considering the said fact, the application of the applicant be allowed.

3] Considering the submissions of the applicant, I pass the following order :

ORDER

i] Criminal Application is allowed.

ii] The substantive sentenced imposed on the applicant in Sessions Case No. 12/2017, dated 14.05.2025, by Additional Sessions Judge, Dhule, stands suspended till the final hearing and disposal of Criminal Appeal. iii] The applicant be released on bail on furnishing P.R.bond of Rs.20,000/-, with two sureties in the like amount. Bail before the trial Court.

iv] Criminal Application is disposed of accordingly.

v] It is also clarified that the observations made in this order are limited only for the purpose of deciding the present Application.

[ARUN R. PEDNEKER] JUDGE DDC