Bhagwan Malji Patil And Another v. The State Of Maharashtra And Another

2026:BHC-AUG:8502

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 245 OF 2026 IN CRIMINAL APPEAL NO. 30 OF 2026

1. Bhagwan Malji Patil Age:43 Years, Occ: Driver,

2. Mayur Bhagwan Patil, Age - 24 years, Occu. - Driver, All R/o Anandnagar, Balapur, Tal. and Dist. Dhule.

..APPLICANTS

VERSUS

1. The State of Maharashtra, Through Dhule Taluka Police Station, Tal. & Dist. Dhule.

2. Chetan Rohidas Wankhede, Age : 3%} years, Occ: privey R/o Balapur-Fagne, Anandnagar, Tq. & Dist. Dhule ..RESPONDENTS ....

Ms. Sakshi Katneshwarkar, Advocate h/f Mr. R.R. Kazi, Advocate for applicants Mr. V.K. Kotecha, A.P.P. for respondent no.1 - State Mr. J.S. Jain, Advocate for respondent no.2 (appointed) ....

CORAM : RAJNISH R. VYAS, J.

DATE : 26th FEBRUARY, 2026 PER COURT :

.

Heard Ms. Katneshwarkar, learned counsel for the applicants at length.

2.

This is an application for grant of bail and suspension of sentence. This Court, vide order dated 28th January, 2026 has considered the contentions of the respective parties at length and thereafter had suspended the sentence till the next date. Today, Ms. Katneshwarkar has pointed out various pieces of evidence available on record and has contended that the order dated 28th January, 2026 needs to be confirmed.

3.

Learned A.P.P. and learned counsel appointed to represent Respondent No.2 fairly stated that considering the length of sentence imposed on the applicants, appropriate order may be passed. 4.

Since on 28th January, 2026 by detailed order the interim relief was granted, the same stands confirmed and further following order is passed :-

ORDER

(I) Criminal application is allowed.

(II) The sentence imposed upon the applicants of one year for commission of offence punishable under Section 323 read with Section 34 of the Indian Penal Code awarded by the Sessions Judge, Dhule in Atrocity Case No. 37 of 2017 shall stand suspended till final decision of appeal. (III) The applicants shall be released on bail on same terms and conditions as were imposed by the trial Court.

(IV) Fees of Mr. J.S. Jain, learned counsel appointed to represent Respondent No.2 is quantified at Rs.8,000/- to be paid by High Court Legal Services Sub-Committee, Aurangabad. ( RAJNISH R. VYAS, J. ) SSD