Ashok Magdum And ANR v. The State Of Maharashtra

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3486 OF 2025 IN CRIMINAL REVISION APPLICATION ST NO. 14256 OF 2025 Ashok Magdum and anr .....Applicants Vs.

The State of Maharashtra .....Respondent Mr. Abhijit Desai for the applicants Mr. S. S. Chaudhari APP for the State Mr. A. R. Kumbhar, Gadhinglaj Police Station CORAM :

SHIVKUMAR DIGE, J.

DATE :

10th SEPTEMBER 2025 P.C.:

1.

By this application, applicants are seeking suspension of IRESH MASHAL their substantive sentence imposed on them in Cri. Appeal No. by IRESH MASHAL Date:

2025.09.10 18:37:07 +0530 23 of 2019 by Additional Sessions Judge, Gadhinglaj. 2.

It is the contention of the learned counsel for the applicants that applicants have been convicted for offences punishable under Sections 323, 324 and 452 read with 34 of Indian Penal Code and sentenced to suffer rigorous 1/3

imprisonment for six months and fine of Rs. 5,000/-. Applicants have deposited the fine amount. Learned counsel for the applicants submits that applicants are behind the bar around one month. During the trial, applicants were on bail. Hence, requested to allow the application.

3.

Learned APP strongly opposes the application on the ground that the applicants have been convicted by the learned Judicial Magistrate First Class and the said order is confirmed by the learned Sessions Judge and no interference is required in it. Hence, requested to reject the application. 4.

I have heard both learned counsel, perused the impugned Judgment and Order. The sentence imposed on the applicants is a short term sentence. During the trial, applicants were on bail. It may take time to dispose of the appeal.

5.

Considering these facts, I pass following order:

O R D E R

I.

The substantive sentence of imprisonment awarded to the applicants by Additional Sessions Judge, Gadhinglaj in Cri. Appeal No. 23 of 2019 vide order dated 14/08/2025 is hereby 2/3

suspended pending disposal of appeal.

II.

The applicants be enlarged on bail on furnishing PR bond in the sum of Rs. 15,000/- each with one or two sureties in the like amount.

III.

The bail bonds to be furnished before the learnedAdditional Sessions Judge, Gadhinglaj . 6.

Application is disposed of in above terms.

[SHIVKUMAR DIGE, J.] 3/3