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Bombay High CourtIA/3644/2025disposed off

Kiran Laxman Kharade v. State Of Maharashtra

2025-10-08Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3644 OF 2025 IN CRIMINAL APPEAL NO. 989 OF 2025 Kiran Laxman Kharade ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Aakash Pandey, Advocate for the Applicant. Ms. Rutuja Ambekar, Advocate for the respondent-State.

CORAM

:

N.R. BORKAR, J.

DATE :

08.10.2025.

P.C. :

1.

By this application the applicant is seeking suspension of sentence and grant of bail during the pendency of the Criminal Appeal No. 989 of 2025 filed by him against the judgment and order dated 08.09.2025 passed by the Additional Sessions Judge, Baramati in Sessions case No. 186 of 2024, by which the learned Additional Sessions Judge has convicted the applicant for offence punishable under Sections 332, 353 & 506(1) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year.

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2.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

3.

The learned counsel for the applicant submits the applicant has a good case on merit. It is submitted that the applicant was on bail during the trial. It is submitted that the appeal filed by the applicant is not likely to be taken up for final hearing in near future. The learned counsel for the applicant submits that considering the fact that sentence is of one year, it be suspended and the applicant be released on bail. 4.

On the other hand, learned APP for the respondentState submits that considering the nature of conviction, the sentence may not be suspended.

5.

Considering the pendency of the criminal appeals, the appeal filed by the applicant is not likely to be taken up for final hearing. The applicant was on bail during trial. In that view of the matter, I am inclined to suspend the sentence and release the applicant on bail. In the result, the following order is passed: 2/3

O R D E R

a] The Application is allowed.

b] The substantive sentence imposed by the trial Court upon the Applicant is hereby suspended. The Applicant shall be released on bail on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

c] The interim application is disposed of.

[N.R.BORKAR, J.] 3/3