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Bombay High CourtIA/3816/2025allowed

Hanumant Appaji Jagdale v. State Of Maharashtra

2025-10-17Hon'Ble Shri Justice Amit Borkar2 pages

908-ia-3816-2025.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3816 OF 2025 IN CRIMINAL REVISION APPLICATION NO.447 OF 2015 Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.10.17 16:03:54 +0530 SHABNOOR AYUB PATHAN Hanumant Aapaji Jagdale ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Rajesh More, for the applicant.

Ms. Kranti T. Hiwrale, APP for the State - respondent.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 17, 2025 P.C.:

1.

From the material placed on record, it appears that the accident occurred at a turning point of the road which is identified as an accident-prone area. Such places demand a higher degree of caution and alertness from drivers. The Appellate Court, after examining the evidence, has observed that the bus driver did not take adequate precaution while negotiating the turn. 2.

The sentence awarded to the applicant is six months' imprisonment. Ordinarily, the disposal of a criminal revision petition takes a considerable time. There is no likelihood that the revision will be heard and finally decided in the near future. In such circumstances, if the sentence is not suspended, the applicant would be required to undergo the entire term of imprisonment before the revision is adjudicated. This would render the very

908-ia-3816-2025.doc purpose of filing the revision infructuous. Therefore, considering the short duration of the sentence, the applicant has shown sufficient cause for suspending the execution of the sentence during the pendency of the revision.

3.

Hence, following order:

i) The judgment and order dated 19 December 2023, passed by the Judicial Magistrate, First Class, Court No. 2, Baramati, District Pune, confirmed by Additional Sessions Judge Bararmati in Criminal Appeal No. 3/2014 dated 25.09.2025 stand suspended.

(ii) The applicant is directed to be released on regular bail in Summons Cri. Case No. SCC No.666 of 2008 and confirmed by Additional Sessions Judge Bararmati in Criminal Appeal No. 3/2014 dated 25.09.2025, under Section 304-A, 279 and 337 of the Indina Penal Code and under Section 184 of Motor Vehicles Act vide Section 248(2) of the Code of Criminal Procedure, upon furnishing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only.) with one or more sureties in the like amount, to the satisfaction of the Trial Court.

4.

The Interim Application stands disposed of in above terms. (AMIT BORKAR, J.)