Dipak Ganpatrao Shende v. State Of Maharashtra Thr Pso Maregaon Dist Yavatmal
2025:BHC-NAG:5762 1 937-APPA-519-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 519 OF 2025 IN CRIMINAL APPEAL NO. 290 OF 2025 DIPAK GANPATRAO SHENDE Vrs.
STATE OF MAHARASHTRA -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri C. S. Dongare, Advocate for applicant.
Shri C. A. Lokhande, APP for respondent-State. CORAM: URMILA JOSHI-PHALKE, J.
DATE : 20/06/2025.
1.
By this application, the applicant is seeking suspension of sentence and releasing him on bail. The applicant is convicted for the offence punishable under Section 509 of I.P.C. and sentenced to suffer simple imprisonment for a period of one year and pay fine of Rs.10,000/-.
2.
Heard learned counsel for the applicant who submitted that the punishment imposed is of a limited period. Moreover, the applicant has every chance of success in the present appeal. The appeal will take its own time for its final disposal and if the sentence is executed, appeal would become infructuous.
3.
Learned APP strongly opposed the said application on the ground that the appeal itself is devoid of merit.
2 937-APPA-519-2025.odt 4.
On hearing both the sides and on perusal of the impugned Judgment, it reveals that punishment imposed is of a limited period. The appeal will take its own time for its final disposal. Moreover, the applicant has pointed out that he has many arguable points in the present appeal. In view of that, application deserves to be allowed. Accordingly, I proceed to pass the following order:-
ORDER
i] The execution of sentence passed in Atrocity Special Case No.12/2016 is hereby suspended, till disposal of the appeal.
ii] The applicant be released on bail on executing P. R. Bond of Rs.25,000/- with one solvent surety of the like amount.
5.
Criminal Application (APPA) No.519/2025 is disposed of.
CRIMINAL APPEAL NO.290/2025 6.
Heard.
7.
Admit.
8.
Call for Record and Proceedings.
9.
Appeal be listed before this Court after preparation of the paper book.
[URMILA JOSHI-PHALKE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/06/2025 17:54:08