Seema Sunil @ Tukaram Chavan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1720 OF 2025 IN CRIMINAL APPEAL NO. 486 OF 2025 Seema Sunil @ Tukaram Chavan .... Applicant

Versus

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.05.07 17:58:48 +0530 The State of Maharashtra .... Respondent SHANTANU SHANKARSA DHUDUM ----- Mr. Rajaram Vaman Bansode a/w Ms. Sheetal Ubade and Mr. Mohan Chavan, Advocate for the Applicant.

Mr. P. P. Deokar, APP, for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 5th MAY, 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 learned Additional Sessions Judge Malshiras, for the offence punishable under Section 235(2) of the Code of Criminal Procedure, for committing offence punishable under Section 452 of the Indian Penal Code, 1860 and sentenced to suffer Rigorous Imprisonment for six months and pay fine Shantanu S. Dhudum 1/3

of Rs.1000/-. The Applicant has been convicted for the offence punishable under Section 235(2) of the Code of Criminal Procedure, for committing offence punishable under Section 304 part-II of the Indian Penal Code, 1860 and sentenced to suffer Rigorous Imprisonment for three years and pay fine of Rs.10,000/-. The learned Additional Sessions Judge Malshiras, 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 her sentence during the appeal period. During the trial, the Applicant was on bail and has not misused liberty. The Applicant surrender her bail. 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 maximum three years sentence. The trial Court has granted bail to the Applicant and suspended her sentence during the appeal period. During the trial, the Applicant was on bail and has not misused liberty. The Applicant surrender her bail. It may take time to dispose of the appeal. Shantanu S. Dhudum 2/3

8.

In view of the above, the Applicant's sentence is suspended and she is enlarged on bail, pending the hearing and final disposal of the appeal, on the following terms and conditions.

ORDER

i. The substantive sentence imposed on the Applicant in Sessions Case No.18/2025, in terms of order dated 21st March, 2025 passed by the learned Additional Sessions Judge Malshiras, 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