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Bombay High CourtIA/219/2026allowed

Tukaram Pandurang Bagal v. State Of Maharashtra

2026-04-30Hon'Ble Shri Justice Sachin Shivajirao Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 219 OF 2026 IN CR. APPEAL NO. 81 OF 2026 Tukaram Pandurang Bagal

VERSUS

State of Maharashtra ...

Ms. Gayatri Kulkarni a/w Ms. Vrushali Maindad h/f Mr. Vikrant Phatate, Advocate for Appellant.

Mr. Nitin B. Patil, APP for the Respondent-State. ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 30th APRIL, 2026.

P. C. :

1.

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

2.

By this application the applicant is seeking suspension of sentence imposed upon him by learned Additional District Judge, Pandharpur in Sessions Case No.76 of 2013.

3.

Applicant has been convicted for offence punishable under Section 325 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.10,000/-, in Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.04.30 17:30:11 +0530 default of payment of fine to suffer rigorous imprisonment for 6 SAJAKALI LIYAKAT JAMADAR 1 of

months.

4.

Learned counsel for the applicant submits that fine amount has been paid. The applicant was on bail during the trial and has not misused the liberty. Hence, requested to allow the application. 5.

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 same is endorsed by the Appellate Court, as such, no interference is warranted. Hence, requested to reject the application.

6.

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

ORDER

I.

The application is allowed.

II.

The substantive sentence of imprisonment imposed upon the applicant by learned Additional District Judge, Pandharpur in Sessions Case No.76 of 2013, is hereby suspended. 2 of

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 trial Court once in three months on the date assigned by the concerned Court. 7.

The application is disposed of accordingly.

[SACHIN S. DESHMUKH, J.] 3 of