Shrikrushna Sadashiv Thombare v. The State Of Maharashtra Through Lonand Police Station

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 149 OF 2026 IN CR. REVISION APPLN. NO. 13 OF 2026 Shrikrushna Sadashiv Thombare

VERSUS

The State Of Maharashtra Through Lonand Police Station ...

Advocate for Applicant : Mr. Vaibhav R. Gargade APP for Respondent-State : Mr. A. S. Shalgaonkar ...

CORAM : SACHIN S. DESHMUKH, J.

Date : 24th March, 2026 ORDER :- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

By this application, the applicant seeks the suspension of the sentence originally imposed by the learned Judicial Magistrate First Class, Khandala, in Criminal Case No. 7 of 2015 for offence punishable under Section 324 of the Indian Penal Code. The applicant subsequently preferred an appeal against the said order before the learned Additional Sessions Judge, Wai, in Criminal Appeal No. 71 of 2023. The Appellate Court partly allowed the appeal, modifying the sentence from two (2) years of rigorous

-2imprisonment to six (6) months of rigorous imprisonment. 3.

Learned counsel for the applicant submits that fine amount is deposited by the applicant. The applicant was on bail during the course of trial and has not misused the liberty. Hence, requested to allow the application.

4.

It is contention of learned APP that prosecution has proved the case beyond the reasonable doubt. The Trial Court has rendered a well reasoned order and no interference is required in it. Hence, requested to reject the application. 5.

I have heard both learned counsel, perused impugned Judgment and Order. The applicant is on bail during the course of trial and has not misused the liberty. The sentence imposed upon the applicant is a short term sentence and this Court would not be in a position to take up the matter for final hearing immediately. Hence, following order.

O R D E R

I.

The application is allowed.

II.

The substantive sentence of imprisonment awarded to the

-3applicant by learned Judicial Magistrate First Class, Khandal, District Satara in Regular Criminal Case No. 7/2015 and further modified by learned Addl. Sessions Judge, Wai in Criminal Appeal No. 71/2023 is hereby suspended.

III.

The applicant be enlarged on bail on furnishing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) and one solvent surety in the like amount.

IV.

Applicant shall mark his presence before the learned Judicial Magistrate First Class, Khandala once in three months on the date assigned by the concerned Court.

The application is disposed of accordingly.

(SACHIN S. DESHMUKH, J.) Omkar Joshi