Ashok Rajaram Gote v. State Of Maharashtra Through Pso Ps Washim (Rural)

-1- 11.APPEAL.78.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 78 OF 2025 Ashok Rajaram Gote Vs.

The State of Maharashtra, through PSO, PS. Washim (Rural) ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. M.N. Ali, Advocate for the Appellant.

Mr. A.G. Mate, APP for the Respondent.

CORAM : G. A. SANAP, J.

DATED : 11 th FEBRUARY, 2025.

.

Heard.

2.

ADMIT.

3.

Issue notice to the respondent.

4.

Learned APP waives service of notice on behalf of the respondent.

5.

Call for the record and proceedings.

CRIMINAL APPLICATION (APPA) NO. 140 OF 2025 6.

Heard.

7.

Issue notice to the respondent.

8.

Learned APP waives service of notice on behalf of the respondent.

9.

This is an application filed by the appellant/accused for suspension of his sentence and grant of bail. 10.

The appellant/accused has been convicted by the learned Sessions Judge, Washim in Spl. Attrocity Case No.185/2020 vide judgment and order dated 08.01.2025 for the offence punishable under Sections 294, 341 and 506 of the

-2- 11.APPEAL.78.2025.odt Indian Penal Code, 1860. He is sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.300/-, in default to suffer simple imprisonment for three days. 11.

The grounds have challenged to the impugned judgment and order. The maximum sentence awarded by the learned Sessions Judge is six months rigorous imprisonment. The accused has deposited the fine amount. The learned Sessions Judge on pronouncement of judgment and order suspended the sentence. In my view, considering the fact that this appeal would take its own time for final adjudication and the sentence is of six months imprisonment, it would be just and proper to allow the application and suspend the sentence. 12.

Accordingly, the application is allowed.

i] The sentence awarded by the learned Sessions Judge, Washim, shall remain suspended during the pendency of the appeal.

ii] Appellant - Ashok Rajaram Gote be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount.

iii] The bail before the trial Court.

13.

The application stands disposed of accordingly. (G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 11/02/2025 18:02:15