Vinod Baburao Umredkar And Others v. State Of Maha Thr Pso, Ps Nandanwan
-1- 17.APPEAL.87.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 87 OF 2025 Vinod Baburao Umredkar & Ors.
Vs.
The State of Maharashtra, through PSO, PS. Nandanwan, Nagpur ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. S.L. Raut, Advocate for the Appellants.
Mr. N.R. Rode, APP for the Respondent.
CORAM : G. A. SANAP, J.
DATED : 21 st 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. 147 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 appellants/accused for suspension of their sentence and grant of bail. 10.
The appellants/accused have been convicted by the learned Additional Sessions Judge, Nagpur in Sessions Case No.339/2022 vide judgment and order dated 16.01.2025 for the offence punishable under Section 324 of the Indian Penal Code, 1860. They are sentenced to suffer rigorous
-2- 17.APPEAL.87.2025.odt imprisonment for two years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for one month. 11.
The grounds of challenge have been set out in the memo of appeal. The maximum sentence awarded by the learned Additional Sessions Judge is two years rigorous imprisonment. The accused have deposited the fine amount. The learned Additional 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 two years rigorous 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 Additional Sessions Judge, Nagpur, shall remain suspended during the pendency of the appeal.
ii] Appellants/accused - Vinod Baburao Umredkar, Darmendra @ Dharma s/o. Baburao Umredkar, Harishchandra s/o. Baburao Umredkar and Meena w/o. Harishchandra Umredkar be released on bail on their furnishing P.R. bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) each 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: 21/02/2025 16:36:24