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Bombay High CourtIA/4279/2025disposed off

Vishnu Arun Alzende v. State Of Maharashtra And ANR

2026-04-30Hon'Ble Shri Justice Shivkumar Dige2 pages

114-IA-4279-25- (suspension).doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4279 OF 2025 IN CRIMINAL APPEAL (ST) NO. 23306 OF 2025 Vishnu Arun Alzende ... Applicant

VERSUS

State Of Maharashtra And Anr ... Respondents _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.05.05 11:33:41 +0700 SONALI SATISH KILAJE Mr. Mohammad Abdi (Through VC), Advocate for Applicant. Ms. Gauri Rao, APP for the Respondent-State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 30th APRIL, 2026.

P.C. :

1.

By this application, the applicant is seeking suspension of sentence.

2.

It is contention of learned counsel for the applicant that applicant has been convicted for the offence punishable under Section 324 of Indian Penal Code, 1860 (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of one year along with fine of Rs.25,000/- in default of fine amount, he shall undergo imprisonment for one month. Leaned counsel for the applicant submits that applicant was on bail. The applicant has deposited the fine amount, hence requested to allow the application.

114-IA-4279-25- (suspension).doc S.S.Kilaje 3.

Learned APP strongly objected to allow the application on the ground if applicant's sentence is suspended he may abscond, hence requested to reject the application.

4.

I have heard both learned counsel. Perused impugned Judgment and order. The sentence imposed on the applicant is a short term sentence. During trial applicant was on bail. He has not misused the liberty. It may take time to dispose of the appeal. In view of above, I pass following order.

ORDER

i.

The substantive sentence imposed on the applicant in Sessions Case No. 143 of 2018 is suspended till disposal of the appeal.

ii.

The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 25,000/- with one or two surety in the like amount.

iii.

The bail bond to be furnished before the Trial Court. 5.

Interim application stands disposed of.

(SHIVKUMAR DIGE, J.)