Shivaji Bhikaji Pokharkar v. State Of Maharashtra

57-IA-360-25 IN APEAL-71-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.360 OF 2025 IN CRIMINAL APPEAL NO.71 OF 2025 Shivaji Bhikaji Pokharkar .... Applicant V/s.

State of Maharashtra .... Respondent ---- Mr.Sachin R. Pawar, for the Applicant.

Mr.Prasanna P. Malshe, APP, for Respondent-State. by NILAM SANTOSH KAMBLE Date:

2025.04.04 10:21:35 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 02nd APRIL 2025 P.C:- .

This is an application for suspension of sentence and for bail.

2.

Heard learned counsel for the Applicant and the learned APP for the Respondent-State.

3.

The Applicant has been convicted for the offence punishable under Section 353 and 453 of the Indian Penal Code ('IPC' for short). The Applicant has been sentenced to suffer RI for 1 year and pay fine of Rs.5,000/- in default to suffer RI for six months. The Applicant further convicted for the offence N.S. Kamble page 1 of 2

57-IA-360-25 IN APEAL-71-25.doc punishable under Section 453 and sentenced to suffer RI for one year and to pay fine of Rs.5,000/- in default, to suffer RI for three months. The learned Special Court/Trial Court has suspended the sentence during the appeal period and has granted interim bail to the Applicant.

4.

The learned APP submits that appropriate order be passed.

5.

Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal.

6.

The Application is disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2