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Bombay High CourtAPPLN/1960/2026disposed off

Ashok Shivaji Awhad v. The State Of Maharashtra

2026-05-26Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

910-APPLN-1960-2026+ II.odt (This order is corrected pursuant to speaking to minutes order dated 28.05.2026)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1960 OF 2026 Ashok Shivaji Awhad

VERSUS

The State Of Maharashtra ...

Mr. P. D. Wakhare, Advocate for Applicant Mrs. V. P. Dama, APP for Respondents *** CORAM : S. G. CHAPALGAONKAR, J (VACATION COURT) DATE : MAY 26, 2026 PC :

1.

The Applicant has filed Appeal against judgment and order of conviction dated 08.05.2026 passed by learned Additional Sessions Judge, Parbhani in Sessions Trial No. 39/2021 whereby he has been convicted for offence punishable under Sections 436 and 427 of Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment of two months.

2.

It appears that Applicant was on bail during course of trial. He has not misused liberty. Even after conviction, sentence has been suspended by Sessions Court. Looking to pendency of criminal appeals, Appeal is not likely to be heard in recent future.

3.

In that view of matter, following order is passed:

910-APPLN-1960-2026+ II.odt

ORDER

(a) Issue notice to Respondents, returnable on 15.07.2026. The learned APP waives service of notice on behalf of Respondent/State.

(b) The substantive sentenced imposed on Applicant vide judgment and order of conviction dated 08.05.2026 passed by learned Additional Sessions Judge, Parbhani in Sessions Trial No. 39/2021 whereby he has been convicted for offence punishable under Sections 436 and 427 of Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment of two months, is suspended till conclusion of Appeal. (c) The Applicant be released on bail on executing P.B. and S.B. of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in like amount.

(d) Bail before trial Court.

(S. G. CHAPALGAONKAR, J.) Umesh