Rahul Bhausaheb Kharat v. The State Of Maharashtra

2026:BHC-AUG:2333

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4854 OF 2025 IN CRIMINAL APPEAL NO. 971 OF 2025 Rahul Bhausaheb Kharat ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. G.J. Karne, Advocates for applicant Mrs. A.S. Deshmukh, A.P.P. for respondent - State ....

CORAM : RAJNISH R. VYAS, J.

DATE : 20th JANUARY, 2026 PER COURT :

.

This application is for grant of bail and suspension of sentence. The applicant/original accused was convicted by the Ad-hoc District Judge-2 and Additional Sessions Judge, Aurangabad in Sessions Case No. 528 of 2019 on 15th November, 2025 for commission of offences punishable under Sections 353 and 332 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500/-. Default sentence was also imposed upon him.

2.

Learned counsel for the applicant submitted that throughout the the trial, the applicant was on bail and he did not misuse the liberty. According to him, he has in fact cooperated for early completion of trial. Since the sentence imposed upon the applicant is of short term, he submits 1 / 3

that the sentence be suspended till final hearing of the appeal. He submits that arguable points are involved in the appeal. 3.

Per contra, learned A.P.P. opposed the application on the ground that the sentence was imposed after considering the evidence on record. Also the applicant has committed the crime against the public servant, who was discharing the official duty.

4.

Be that as it may. Perusal of record shows that PW 1 was examined as a complainant and there are two eye witnesses i.e. PW 2 and 3, who were present at the spot of incident. Their testimony will have to be tested in order to verify whether the findings recorded by trial Court are based on evidence or not. The sentence imposed upon the applicant is of short term. It is not even the case of prosecution that the applicant misused the liberty. Also the fine amount has already been deposited by the applicant. In that view of the matter, following order is passed :-

ORDER

(I) Criminal application is allowed.

(II) The sentence imposed upon the applicant by the Ad-hoc District Judge-2 and Additional Sessions Judge, Aurangabad in Sessions Case No. 528 of 2019 dated 15th November, 2025 for commission of offences punishable under Sections 353 and 332 of the Indian Penal Code, is hereby suspended, till decision of appeal.

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(III) The applicant be released on bail on same terms and conditions as were imposed by the trial Court. ( RAJNISH R. VYAS, J. ) SSD 3 / 3