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Bombay High CourtAPPLN/4157/2025disposed off

Ravindra Suresh Savale (Koli) And Another v. The State Of Maharashtra

2026-01-29Hon'Ble Shri Justice Rajnish R. Vyas3 pages

2026:BHC-AUG:3661

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4157 OF 2025 IN CRIMINAL APPEAL NO. 837 OF 2025

1. Ravindra Suresh Savale (Koli)

2. Suresh Hiraman Savale (Koli) ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mrs. R.L. Jakhade, Advocate for applicants Ms. U.S. Bhosle, A.P.P. for respondent - State ....

CORAM : RAJNISH R. VYAS, J.

DATE : 29th JANUARY, 2026 PER COURT :

.

This is an application for grant of bail and suspension of sentence preferred by original Accused Nos.1 and 2.

2.

At the outset, learned counsel for the applicants, on instructions, submitted that Applicant No.1 - Ravindra Suresh Savale (Koli) is not pressing the application for grant of bail and suspension of sentence at this stage. 3.

The said request is accepted. Accordingly, criminal application, so far as Applicant No.1 - Ravindra Suresh Savale (Koli) is concerned, stands disposed of as withdrawn.

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4.

So far prayer of Applicant No.2 - Suresh Hiraman Savale (Koli) for grant of bail and suspension of sentence is concerned, learned counsel submits that Applicant No.2 is convicted for commission of offence punishable under Section 323 of the Indian Penal Code and was directed to suffer simple imprisonment for six months. She further submits that all throughout the trial, Applicant No.2 was on bail and he did not misuse the liberty and after pronouncement of judgment of conviction, he surrendered to the custody of the trial Court and filed an application for grant of bail and suspension of sentence, which was allowed. She submits that considering the above facts and the sentence imposed upon him is of short term, application be allowed. 5.

Per contra, learned A.P.P. opposed the application and contended that though the sentence is of short term, considering the nature of evidence, application may not be entertained.

6.

I have gone through record of the case. Applicant No.2 is convicted for commission of offence punishable under Section 323 of the Indian Penal Code and directed to suffer simple imprisonment for six months. The said sentence is thus of short period. It is even not the case of learned A.P.P. that liberty granted to Applicant No.2 was misused by him. Further, after pronouncement of judgment of conviction, Applicant No.2 had surrendered to the custody of the trial Court and had preferred an application 2 / 3

for grant of bail and suspension of sentence, which was allowed. In that view of the matter, I am inclined to allow the application, so far as Applicant No.2 is concerned. Accordingly following order is passed :-

ORDER

(I) Criminal application is partly allowed.

(II) Criminal application stands disposed of as withdrawn so far as Applicant No.1 - Ravindra Suresh Savale (Koli) is concerned.

(III) The sentenced of simple imprisonment for six months imposed on Applicant No.2 - Suresh Hiraman Savale (Koli) for commission of offence punishable under Section 323 of the Indian Penal Code rendered in Sessions Case No. 82 of 2019 by the Additional Sessions Judge, Dhule on 14th October, 2025 stands suspended till final decision of the appeal.

(IV) Applicant No.2 - Suresh Hirama Savale (Koli) be released on bail on the same terms and conditions as were imposed by the trial Court.

( RAJNISH R. VYAS, J. ) SSD 3 / 3