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Bombay High CourtAPPLN/1943/2026application allowed

Sunil Ashruba Sanap And Another v. The State Of Maharashtra

2026-05-22Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre3 pages

2026:BHC-AUG:21968 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1943 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 158 OF 2026 1.

Sunil Ashruba Sanap 2.

Akshya Ashruma Gaikwad ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. R.G. Hange, Advocate for applicants Mr. A.R. Kale, APP for State .......

CORAM : SIDDHESHWAR S. THOMBRE, J.

(VACATION COURT) DATE : 22nd MAY, 2026 ORDER :

1.

Heard.

2.

Issue notice to the respondent - State. Learned APP waives service of notice for respondent - State.

3.

Instant application is for suspension of sentence and grant of bail on account of conviction recorded by learned Judicial Magistrate First Class in S.C.C. No. 733 of 2017 and confirmed by learned Additional Sessions Judge, Beed, dated 16.05.2026 in Criminal Appeal No. 77 of 2023.

{2} 4.

Learned counsel for the applicants submits that as far as applicant No. 1 is concerned he is behind bars from the date of order passed by the Appellate Court and applicant No. 2 has not surrendered yet. 5.

Considering the fact that the present revision being recent is not likely to be heard in near future. The applicant was on bail during trial and appeal and has not misused the liberty during that period. 6.

In view of above, therefore, relief of suspension of sentence deserves to be granted. Hence, following order is passed.

ORDER

(I) Criminal Application stands allowed partly to the extent of applicant No. 1.

(II) The substantive sentence imposed on the applicant No. 1 by learned Judicial Magistrate First Class in S.C.C. No. 733 of 2017 and confirmed by learned Additional Sessions Judge, Beed, dated 16.05.2026 in Criminal Appeal No. 77 of 2023, stands suspended till the final hearing and disposal of Criminal Revision Application No. 158 of 2026. (III) The applicant No. 1 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.

{3} 7.

Liberty is granted to the applicant No. 2 to file fresh application for suspension of sentence after he surrenders.

(SIDDHESHWAR S. THOMBRE) JUDGE