Nagesh Laxman Takmoge v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 137 OF 2026 IN CR. APPEAL NO. 51 OF 2026 Nagesh Laxman Takmoge ....Applicant Vs.

State Of Maharashtra ....Respondent Mr. Jaydeep Mane a/w Mr. Mihir Mandkar for the applicant Mr. Anand S. Shalgaonkar APP for the State

CORAM

:

SACHIN S. DESHMUKH, J.

DATE :

5th MARCH 2026.

P.C.

1.

Leave to amend. Amendment to be carried out forthwith. 2.

The Applicant challenges the Judgment and Order dated 09/02/2026 passed by the Addl. Sessions Judge, Solapur in Sessions Case No. 329 of 2022, whereby he was convicted and sentenced under the Indian Penal Code (IPC) as follows: for the offence under Section 186, to one month of rigorous imprisonment with a fine of Rs. 500/- (default seven days); under Section 353, to one year of rigorous imprisonment with a fine of Rs. 5,000/- (default one month); and under Sections 504 and 506, to three months of rigorous imprisonment and a fine of Rs. 1,000/- for each count (default 15 days for each).

3.

Learned counsel for the applicant submits that the trial court has erred while passed the impugned judgement and the defence put forth by the applicant is not properly taken into account. The sentence imposed upon the applicant is a short term sentence. Hence, prayed to allow the application.

4.

Learned APP opposed the application submitting that applicant is convicted by the Sessions Court after appreciating evidence on record.

5.

A perusal of the record indicates that the sentence imposed upon the Applicant is a short-term sentence. Considering that the final hearing of the matter is unlikely to conclude in the near future, and in view of the order dated 09/02/2026 passed below Exh. 72 by the learned District Judge-5 and Additional Sessions Judge, Solapur, the application deserves to be allowed.

6.

Hence, following order:

O R D E R

I. The application is allowed.

II. The substantive sentence imposed upon the applicant vide Judgment and Order dated 09/02/2026 passed by Addl. Sessions Judge, Solapur in Sessions Case No. 329 of 2022 is hereby suspended and he be be enlarged on bail on

furnishing PR Bond of Rs. 25,000/- (Rs. Twenty Five Thousands Only) and one solvent surety in the like amount.

III. Bail bonds to be furnished before Addl. Sessions Judge, Solapur.

IV.

The applicant shall not leave India, without permission of the Trial Court.

7.

The application stands disposed of.

(SACHIN S. DESHMUKH, J.) by IRESH MASHAL Date: 2026.03.09 19:03:16 +0530 IRESH MASHAL