Moreshwar S/O Waman Hedau v. The State Of Maharashtra Thr Pso Ps Armori Dist Gadchiroli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 688 OF 2025 IN CRIMINAL APPEAL NO.

OF 2025 Moreshwar s/o Waman Hedau Vs 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 Mr. Madhur Deo, counsel for applicant/appellant. Mr. V.A.Thakre, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/08/2025.

1.

By preferring this appeal, the appellant is challenging the judgment and order of sentence passed by the Sessions Judge, Gadchiroli by which the appellant is convicted of the offence punishable under Sections 304A of the Indian Penal Code and sentenced to suffer S.I. for two years and pay fine of Rs. 30,000/-, in default of payment of fine, to suffer S.I. for six months.

2.

Heard learned counsel for the appellant, who submitted that punishment imposed is of a limited period. The appeal would take its own time for its final disposal. In the meantime, if the sentence is executed, the appeal would become infructuous. He also pointed out from the impugned judgment that he has many arguable points in the present appeal. For all above the reasons, he prayed for suspension of sentence.

3.

Learned APP strongly opposed for the same and submitted that the appeal itself is devoid of merits. 4.

On perusal of the impugned judgment, from which the learned counsel for the appellant has pointed out that he has many arguable points. Moreover, the punishment imposed is of a limited period. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order.

a] The criminal application is allowed.

b] The execution of the sentence passed in Sessions Case No. 20/2020 is hereby suspended till disposal of the appeal.

c] The appellant shall be released on bail on executing P.R. Bond of Rs. 25,000/- with one surety of like amount.

5.

The criminal application is disposed of.

CRIMINAL APPEAL NO. 392 OF 2025 1.

Heard.

2.

Admit.

3.

Learned APP waives service of notice on behalf of respondent/State.

4.

Call for record and proceedings.

5.

The appeal be listed before this Court after preparation of the paper-book.

6.

Appellant is present before this Court.

[URMILA JOSHI-PHALKE, J.]