Sanjay Hareeba Patil And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1409 OF 2025 IN CRIMINAL APPEAL NO. 391 OF 2025 Sanjay Hareeba Patil and Ors.

.... Applicants

Versus

The State of Maharashtra .... Respondent Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.04.22 12:42:34 +0530 ----- Ms. Suvarna Yadav, Advocate for the Applicant. Mr. P. P. Deokar, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

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 Applicants and learned APP for the State.

3.

The Applicants have been convicted by the Additional Sessions Judge, Karad for the offence punishable under Section 258(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the offence punishable under Section 353 of the Indian Penal Code and they are sentenced to suffer undergo rigorous imprisonment for three years and pay fine of Rs.4000/- each. The Applicants have been convicted for the Shantanu S. Dhudum 1/3

offence punishable under Section 258(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the offence punishable under Section 332 of the Indian Penal Code and they are sentenced to suffer undergo rigorous imprisonment for two years and pay fine of Rs.2000/- each. The Additional Session Judge, has suspended the sentence during the appeal period and has granted interim bail to the Applicants. 4.

It is contention of learned counsel for the Applicants that the trial Court has granted bail and suspended his sentence during the appeal period. During the trial, the Applicants were on bail and have 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 Applicants are long term sentence. The trial Court have granted bail to the Applicants and suspended their sentence during the appeal period. During the trial, the Applicants were on bail and have not misused liberty. It may take time to dispose of the appeal.

8.

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

the appeal, on the following terms and conditions.

ORDER

i. The substantive sentence imposed on the Applicants in Sessions Case No.24 of 2020, in terms of order dated 20th March, 2025 passed by the Additional Sessions Judge, Karad, is stayed till final disposal of the appeal. ii. The Applicants 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