Nitin Vitthal Bamgude v. The State Of Maharashtra

71-IA-4519-2025 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4519 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 520 OF 2025 Nitin Vitthal Bamgude ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ M.M. Khokhawala a/w. Ms. Megha Puralkar, Advocates for the Applicant. Mr. M. G. Patil, APP for the Respondent-State. _________________________________________________________________ Digitally signed by SONALI SATISH KILAJE Date:

2026.01.20 17:23:12 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 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 under Sections 279 and 337 of Indian Penal Code, 1860 (for short "IPC") and sentenced to suffer six months imprisonment and pay fine of Rs.3,000/- and in default to suffer rigorous imprisonment for fifteen days. The Applicant has deposited the fine amount. Learned counsel further submitted that the applicant has been acquitted under Section 304-A of IPC. The applicant is behind bars more

71-IA-4519-2025 (CR).doc S.S.Kilaje than two months. The punishment imposed on applicant is of six months. During the trial applicant was on bail, hence requested to allow the application.

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. The applicant is behind bars for more than two months. He has deposited the fine amount. During the trial he was on bail. He has not misused the liberty. In view of above, I pass following order.

ORDER

i.

The substantive sentence imposed on the applicant in C.C. No. 104/PS/2013 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/- each with one or two sureties in the like amount.

iii.

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

Interim application stands disposed of.

(SHIVKUMAR DIGE, J.)