Ram Kashiraya Wakade v. The State Of Maharashtra

2026:BHC-AUG:5069 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 CRIMINAL APPLICATION NO. 502 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 40 OF 2026 WITH CRIMINAL REVISION APPLICATION NO. 40 OF 2026 Ram Kashiraya Wakade, Age : 60 years, Occu: Agri., R/o:- Aloor, Taluka Omerga, District Osmanabad.

... Applicant/Revision Petitioner

Versus

The State of Maharashtra, Through Murum Police Station, Taluka Omerga, District Osmanabad.

... Respondent ...

Advocate for Applicant : Mr. Someshwar S. Birajdar APP for Respondent-State : Mr. S. G. Sangle ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

05 FEBRUARY, 2026 PER COURT :- 1.

Heard. Issue notice to the respondent State. Learned APP waives service.

2.

Criminal Application No. 502 of 2026 is filed seeking grant of bail and suspension of sentence awarded by learned Judicial

-2Magistrate First Class, Omerga, District Dharashiv vide judgment and order dated 20.08.2015 passed in R.C.C. No. 15 of 2014 and confirmed by learned Additional Sessions Judge, Omerga, District Dharashiv vide judgment and order dated 30.01.2026 passed in Criminal Appeal No. 13 of 2015, pending hearing and final disposal of the Criminal Revision Application.

3.

Learned counsel for the applicant submits that, against the order of trial court, appeal was preferred but it came to be dismissed, thereby confirming the order of the trial court. He points out that, the sentence awarded is of imprisonment for two years with fine. He further points out that, both, before the trial court as well as the first appellate court, the applicant/revision petitioner was on bail. He also makes a statement that fine amount is paid.

4.

In view of the above, though learned APP opposes the relief of suspension of sentence and grant of bail, considering the quantum of sentence and as there are no immediate prospects of hearing the Criminal Revision Application, the application for suspension of sentence and bail deserves to be granted. Hence, following order :

-3ORDER I.

Criminal Application No. 502 of 2026 is allowed. II.

The sentence imposed on the applicant by learned Judicial Magistrate First Class, Omerga, District Dharashiv in R.C.C. No. 15 of 2014 on 20.08.2015, which is confirmed by learned Additional Sessions Judge, Omerga, District Dharashiv vide judgment and order dated 30.01.2026 passed in Criminal Appeal No. 13 of 2015, stands suspended till final hearing and disposal of Criminal Revision Application No. 40 of 2026. III.

The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount.

IV.

Bail before the trial court.

V.

Criminal Application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre