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Bombay High CourtIA/862/2025disposed off

Mahesh Rangrao Kamble v. The State Of Maharashtra

2025-03-11Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 862 OF 2025 IN CRIMINAL APPEAL NO. 213 OF 2025 Mahesh Rangrao Kamble .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Adv. Akansha Dave a/w Alfiya Shaikh, Ms. Sneha Pawar, Mr. Kiran Jadhav and Harshavardhan Patil i/b Vishal Laxman Kolekar, for the Applicant.

Ms. Sangeeta D. Shinde, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.03.13 18:33:06 +0530 SHANTANU SHANKARSA DHUDUM DATE : 11th MARCH, 2025.

P.C. :

1.

This is an application for suspension of sentence and bail. 2.

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

3.

The Applicant has been convicted by Additional Sessions Judge, Islampur for the offences punishable under Sections 324, 323, Shantanu S. Dhudum 1/3

504 and 506 of the Indian Penal Code, 1860. The Applicant has been convicted for the offence punishable under Section 324 of the IPC and sentence to suffer for Simple Imprisonment for three years with fine of Rs.5,000/-. The Applicant has been convicted for the offence punishable under Section 323 of the IPC and sentence to suffer for Simple Imprisonment for three months with fine of Rs.1,000/-. The Applicant has been convicted for the offence punishable under Section 504 of the IPC and sentence to suffer for Simple Imprisonment for six months with fine of Rs.2,000/-. The Applicant has been convicted for the offence punishable under Section 506 of the IPC and sentence to suffer for Simple Imprisonment for one year with fine of Rs.2,000/-. The learned Additional Sessions Judge, Islampur has suspended the sentence during the appeal period and has granted interim bail to the Applicant. Hence, requested to continue the said order.

4.

The learned APP for the Respondent - State strongly objected to allow the application.

5.

I have heard both learned counsel.

6.

Considering the submissions of both learned counsel as well as sentence imposed on the Applicant is short terms sentence. Shantanu S. Dhudum 2/3

During trial, the Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the appeal. Hence, I pass following order:-

ORDER

i. The substantive sentence imposed on the Applicant in Sessions Case No.95 of 2021 is suspended, in terms of order dated 16th January, 2025 passed by the Additional Sessions Judge, Islampur, till final disposal of the appeal.

ii. The bail bonds furnished before the learned Sessions Judge is continued till final disposal of the appeal. iii. Criminal Interim Application stands disposed of. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3