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Bombay High CourtAPPLN/1131/2026application allowed

Balaji Eknath Bhumare v. The State Of Maharashtra

2026-04-24Hon'Ble Shri Justice Abhay J. Mantri2 pages

P-1.APPLN.1131.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1131 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 109 OF 2026 Balaji Eknath Bhumare ...Applicant

Versus

The State of Maharashtra

...Respondents

WITH CRIMINAL REVISION APPLICATION NO. 109 OF 2026 *** Mr. Pathan Ziya J., Advocate for the Applicant. Mr. S. N. Morampalle, APP for Respondent - State. *** CORAM : ABHAY J. MANTRI, J.

DATE : APRIL 24, 2026 PER COURT :

1.

Not on board. Mentioned for speaking to the minutes of the order dated 20th April 2026.

2.

The learned counsel for the Applicant submits that in paragraph No. 3, inadvertently, it is observed that "the Applicant has surrendered to the Court and has been in jail since then". However, he submitted that, after the judgment was passed by the learned Additional Sessions Judge, he filed this Revision challenging the said order along with an application seeking suspension of the order and grant of bail. He relied on the judgment of this Court in Ikba and Ors. Vs. The State of Maharashtra and Ors.1. As such, he has urged the suspension of the substantive sentence and release him on bail. 2024 (3) Mh.L.J. (Cri.) 315 Shrikant Malani

P-1.APPLN.1131.2026.odt Therefore, he submitted that the observations made in paragraph No. 3 be corrected.

3.

Learned APP for the Respondent has also consented to the submissions made by the learned counsel for the Applicant. 4.

Having considered his submissions, paragraph No.3 of the order dated 20th April 2026, is to be replaced as under : "3.

At the outset, it appears that, during the pendency of the Trial and Appeal, the Applicant was on bail. After the learned Additional Sessions Judge passed the judgment and order dated 09th March 2026, the Applicant has preferred a Revision challenging the impugned order and also filed this Application against the said order. The learned counsel for the Applicant has placed reliance on the judgment passed by this Court in Ikba and Ors. Vs. The State of Maharashtra and Ors., to support his contention that there is no need to surrender the Applicant after the judgment is passed, but he can seek relief under Revision. The Applicant has paid the fine amount. Therefore, he urged the suspension of the substantive sentence and the release of the Applicant on bail."

5.

The order dated 20th April 2024 shall be corrected, and the corrected order should be uploaded.

6.

Motion for speaking to the minutes is disposed of accordingly. (ABHAY J. MANTRI, J.) Shrikant Malani