Prakash Kumar, Presently In Judicial Custody, Thr. Amit Kumar v. State Of Goa, Thr. Public Prosecutor And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.63 OF 2025 Kashim Shafik Shaikh .... Applicant V/s.

The State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO.319 OF 2025 IN CRIMINAL APPEAL NO.63 OF 2025 by NILAM SANTOSH KAMBLE Date: 2025.03.07 10:20:49 +0530 NILAM SANTOSH KAMBLE Kashim Shafik Shaikh .... Applicant V/s.

The State of Maharashtra .... Respondent ---- Mr.Rahul B. Vijaymane a/w Mr.Shubham Vasekar, for the Applicant.

Mr.Shrikant H. Yadav, APP, for Respondent-State. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 5th MARCH 2025 P.C:- .

This is an application for suspension of sentence and for bail.

2.

Heard learned counsel for the Applicant and learned APP for the Respondent-State.

N.S. Kamble page 1 of 3

3.

The Applicant has been convicted by Additional Sessions Judge, Solapur for the offences punishable under Sections 353 and 332 of the Indian Penal Code ('IPC' for short). The Applicant has been sentenced to suffer RI for 3 years with fine of Rs.5,000/- for each offence, in default SI for six months for each offence. The learned Sessions Judge has suspended the sentence during the appeal period and has granted interim bail to the Applicant. Hence, requested to continue the said order. 4.

The learned APP for the Respondent-State strongly objected to allow the Application.

5.

I have heard both learned counsel.

6.

Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal. Hence, I pass following order.

ORDER

(i) The substantive sentence imposed on the N.S. Kamble page 2 of 3

Applicant in Sessions Case No.173 of 2023 is suspended, in terms of order dated 19th December 2024 passed by the Sessions Judge, Solapur, till final disposal of the Appeal.

(ii) The bail bonds furnished before the learned Special Judge is continued till final disposal of the Appeal.

(iii) The Criminal Application is disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3