Yogesh Atmaram Mahale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1389 OF 2025 IN CRIMINAL APPEAL NO. 383 OF 2025 Yogesh Atmaram Mahale .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Jayendra D. Khairnar, Advocate for the Applicant. Ms. Poonam P. Bhosale, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.04.21 15:19:50 +0530 SHANTANU SHANKARSA DHUDUM DATE : 16th APRIL, 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 the Additional Sessions Judge, Malegaon for the offence punishable under Section 235(2) of the Code of Criminal Procedure for committing offence punishable under Section 353 of the Indian Penal Code and sentenced to suffer undergo simple imprisonment for six months and pay fine of Rs.10,000/-. The Applicant has been convicted for the offence Shantanu S. Dhudum 1/3

punishable under Section 235(2) of the Code of Criminal Procedure for committing offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer undergo simple imprisonment for one year and pay fine of Rs.10,000/-. The Additional Session Judge, has suspended the sentence during the appeal period and has granted interim bail to the Applicant.

4.

It is contention of learned counsel for the Applicant that the trial Court has granted bail and suspended his sentence during the appeal period. During the trial, the Applicant was on bail and has not misused liberty. Hence, requested to allow the application. 5.

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

6.

I have heard both learned counsel.

7.

The sentence imposed on the Applicant is short term sentence. The trial Court has granted bail to the Applicant and suspended his sentence during the appeal period. During the trial, the Applicant was on bail and has not misused liberty. It may take time to dispose of the appeal.

8.

In view of the above, the Applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of the Shantanu S. Dhudum 2/3

appeal, on the following terms and conditions.

ORDER

i. The substantive sentence imposed on the Applicant in Sessions Case No.91 of 2022, in terms of order dated 6th March, 2025 passed by the Additional Sessions Judge, Malegaon, till final disposal of the appeal. ii. The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

iii. The bail bond to be furnished before the trial Court. . Criminal Interim Application stands disposed of. 9.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3