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Bombay High CourtIA/3111/2025allowed

Dependrasingh Alias Chintu Vijaysing Rathod (Thakur) v. The State Of Maharashtra

2026-01-21Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

25-IA-3111-2025-APEAL-965-2025 (CR) (STM).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3111 OF 2025 IN CRIMINAL APPEAL NO. 965 OF 2025 Dependrasingh Alias Chintu Vijaysing Rathod (Thakur) ...Applicant

VERSUS

The State of Maharashtra And Anr.

...Respondents

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.01.22 18:57:17 +0530 SAJAKALI LIYAKAT JAMADAR Mr. Manoj Bagal,Advocate for Applicant.

Mr. Abhay A. Jadhavar, Advocate for Respondent No.2/Informant. Mr. S. H. Yadav, APP for the Respondent No.1-State.

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

21st JANUARY 2026.

P.C.

1.

By this application, the applicant seeks suspension of substantive sentence of imprisonment imposed on him. 2.

The applicant is convicted by the learned Additional Sessions Judge, Barshi, in Sessions Case No.260 of 2023, for the offence punishable under Section 413 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/-, in default of payment of fine, he shall suffer simple imprisonment for two months. He is also convicted for the offence under Section 201 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/- in Sajakali Jamadar This order is corrected pursuant to speaking to the minutes of order dated 22.01.2026

25-IA-3111-2025-APEAL-965-2025 (CR) (STM).DOC default of payment of fine, he shall suffer simple imprisonment for one month.

3.

Heard learned Advocate for applicant, learned APP for the State and learned Advocate for informant.

4.

Learned Advocate for informant and learned APP strenuously objected for grant of bail to the applicant. 5.

The applicant was in jail since 19th April, 2023 and he has completed almost three years in jail. The co-accused, who were awarded similar sentence are already released on bail. This being a short term sentence, the application deserves to be allowed. 6.

The application is allowed.

7.

Pending the hearing and final disposal of appeal, the applicant be released on bail on furnishing personal bond of Rs.25,000/- with one or two sureties in the like amount. (NITIN B. SURYAWANSHI, J.) Sajakali Jamadar This order is corrected pursuant to speaking to the minutes of order dated 22.01.2026