Vijay S/O Keshavrao Mandale v. The State Of Maharashtra

1 12-APPA 886-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 886/2025 IN CRIMINAL APPEAL NO. 518/2025 Vijay s/o Keshavrao Mandale Vs. State of Maharashtra, through, Police Station Officer, Police Station Akot City Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. Thakkar, Advocate for Applicant Mr. S.S. Hulke, APP for Respondent

CORAM:

NIVEDITA P. MEHTA, J.

DATED :

15th OCTOBER, 2025 CRIMINAL APPEAL NO. 518/2025 Heard.

ADMIT.

Call for record and proceedings.

Ms. Thakur, learned Additional Public Prosecutor waives service of notice for respondent No.1 / State.

CRIMINAL APPLICATION (APPA) No. 886/2025 The applicant has preferred the present application under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking suspension of sentence and grant of bail.

2.

The applicant has been convicted by the learned Additional Sessions Judge, Akot in Sessions Case No. 80/2023 for the following offences:

2 12-APPA 886-25.odt Section 353 IPC - Sentenced to undergo Simple Imprisonment for six months and to pay a fine of Rs. 5,000/-, in default to undergo Simple Imprisonment for one month.

Section 332 IPC - Sentenced to undergo Simple Imprisonment for one year and to pay a fine of Rs. 10,000/-, in default to undergo Simple Imprisonment for two months.

Section 186 IPC - Sentenced to undergo Simple Imprisonment for one month and to pay a fine of Rs. 500/-, in default to undergo Simple Imprisonment for seven days.

Section 323 IPC - Sentenced to undergo Simple Imprisonment for three months and to pay a fine of Rs. 500/-, in default to undergo Simple Imprisonment for seven days.

Section 506 IPC - Sentenced to undergo Simple Imprisonment for three months and to pay a fine of Rs. 500/-, in default to undergo Simple Imprisonment for seven days.

3.

Learned counsel for the applicant submits that the applicant was on bail during the course of trial and did not misuse the liberty granted to him. He further submits that the sentence imposed is of a short duration and that there is a fair possibility of the applicant succeeding in the appeal.

3 12-APPA 886-25.odt 4.

Per contra, the learned Additional Public Prosecutor opposes the application on the ground that, if released, there exists a likelihood of the applicant tampering with prosecution witnesses and evidence.

5.

Upon hearing the submissions of both sides, considering the short-term nature of the sentence, the fact that the applicant was on bail during trial without any reported misuse, and that the appeal is not likely to be decided in the near future, this Court finds it appropriate to allow the application for suspension of sentence.

6.

Accordingly, the substantive sentence imposed upon the applicant in Sessions Case No. 80/2023 by the learned Additional Sessions Judge, Akot, is hereby suspended till the final disposal of the appeal. The applicant shall be released on bail on the following conditions:

I. The applicant shall execute a Personal Bond of Rs. 15,000/- with one solvent surety in the like amount to the satisfaction of the trial Court.

II. The applicant shall report to the trial Court on the first day of every calendar month, until further orders. III. The applicant shall furnish his current residential address and mobile number to the concerned trial Court and shall inform the Court promptly in case of any change in address or contact details.

4 12-APPA 886-25.odt 7.

It is clarified that the learned APP or the Investigating Officer shall be at liberty to move an appropriate application for cancellation of bail in the event of breach of any of the above conditions or for any other sufficient cause.

The criminal application stands disposed of accordingly.

(NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 15/10/2025 18:16:05