Arun Ganpat Dhaygude v. State Of Maharashtra

1 915-IA 3391-25 in APEAL 953-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3391 OF 2025 IN CRIMINAL APPEAL NO.953 OF 2025 Arun Ganpat Dhaygude ... Applicant V/s.

State of Maharashtra ... Respondent ----- Mr. Kamar Ali Shaikh a/w Harsh Dedhia for the Appellant. Mr. P. H. Gaikwad, APP for the Respondent-State. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.09.17 15:16:01 +0530 CORAM :

N.R. BORKAR, J.

DATE :

17TH SEPTEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE 1.

By this Application, the Applicant is seeking suspension of sentence and grant of bail during pendency of the Appeal filed by him against the judgment and order dated 18th August 2025 passed by the Learned Additional Sessions Judge, Baramati in Sessions Case No. 60 of 2021, by which the Learned Sessions Judge has convicted the Applicant for the offence punishable under Sections 353, 451, 504, 506(1), of the Indian Penal Code, 1860 and sentenced him to suffer rigorous imprisonment for two years and to pay fine for Rs.2,000/- for each offence. 2.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

3.

Learned Counsel for the Applicant submits that the Applicant has good case on merit. It is submitted that the Applicant was on bail during

2 915-IA 3391-25 in APEAL 953-25.doc the trial. It is further submitted that considering the pendency of the Appeal, the Appeal filed by the Applicant is not likely to be taken up for final hearing in near future. Therefore, it is prayed that the sentence may be suspended and the Applicant may be released on bail. 4.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is convicted for a serious offence. Considering the nature of the crime, the sentence of the applicant may not be suspended. 5.

Admittedly, the sentence is of two years only. Considering the pendency of Criminal Appeals, the Appeal filed by the Applicant is not likely to be taken up for hearing in near future. Considering the overall circumstances, I am inclined to suspend the sentence and release the Applicant on bail. In the result, the following order is passed:

O R D E R

i.

The Interim Application is allowed.

ii.

The substantive sentence imposed by the trial Court upon the Applicant by the judgment and order dated 18th August 2025 in Sessions Case No. 60 of 2021 is hereby suspended during pendency of the Appeal.

iii. The Applicant, viz. Arun Ganpat Dhaygude shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

3 915-IA 3391-25 in APEAL 953-25.doc iv.

The Applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. during pendency of the Appeal.

6.

The Interim Application is disposed of in the aforesaid terms. (N.R. BORKAR, J.)