Rakesh Alias Prashant Popat More v. The State Of Maharashtra

2026:BHC-AUG:22016 1 915 CA 1965-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CRIMINAL APPLICATION NO. 1965 OF 2026 IN CRIMINAL APPEAL NO. 404 OF 2026 RAKESH ALIAS PRASHANT POPAT MORE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. S.G. Magre - Advocate for Applicant Mr. S.G. Sangle - APP for Respondent, State ...

CORAM

: S. G. CHAPALGAONKAR, J.

(VACATION COURT) DATE :

28.05.2026 PER COURT :

1.

Heard learned Advocate appearing for applicant and learned APP appearing for respondent-State.

2.

The applicant has filed Appeal assailing judgment and order dated 18.05.2026 passed by learned Additional Sessions Judge, Aurangabad, in Sessions Case No. 3 of 2019 whereby he has been convicted for offence punishable under Section 307 of I.P.C. and sentenced to suffer R.I. for five

(5) years and fine of Rs.25,000/-, in default, to suffer R.I. for six (6) months. Today Appeal has been admitted.

3.

It appears that applicant was on bail during course of trial. He has not misused liberty. Looking to the reasoning adopted by the Sessions

2 915 CA 1965-2026.odt Court in the impugned judgment and keeping in view large pendency of criminal appeals, present Appeal is not likely to be heard in recent future. 4.

In that view of matter, following order is passed :

ORDER

(a) Criminal Application is allowed.

(b) The substantive sentenced imposed on applicant vide judgment and order of conviction dated 18.05.2026 passed by learned Additional Sessions Judge, Aurangabad, in Sessions Case No.3 of 2019 whereby he has been convicted for offence punishable under Section 307 of I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.25,000/-, in default, to suffer rigorous imprisonment for six 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 Thousands Only) with one solvent surety in like amount.

(d) Bail before trial Court.

[ S. G. CHAPALGAONKAR ] JUDGE Pooja Kale/