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Bombay High CourtIA/286/2026allowed

Akash Vasu Chavan v. The State Of Maharashtra

2026-05-05Hon'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. 286 OF 2026 IN CR. REVISION APPLICATION NO. 31 OF 2026 Akash Vasu Chavan

VERSUS

The State of Maharashtra ...

Mr. Shreyas Barsawade, Advocate for Applicant. Mr. P. P. Deokar, APP for the Respondent-State. ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 5th MAY, 2026 P. C. :

1.

Heard.

2.

Issue notice. Learned A.P.P. waives service of notice for the respondent.

3.

The applicant seeks suspension of sentence awarded in judgment and order rendered by the learned Assistant Sessions Judge, Satara in Sessions Case No.32 of 2018, dated 30.06.2018. 4.

The applicant is convicted and sentence awarded to the applicant is as under :

1. The accused by name Akash Vasu Chavan, age 20 yrs., resident of Laxmitekadi, Zopadpatti, Sadar Bazar,Satara , is hereby convicted u/s 235(2) of Cr.P.C. of the offence punishable u/s 353 of I.P.C. and sentenced to suffer S.I. for one year and to pay fine of Rs.500/(Rs.five hundred) i/d to suffer S.I. for 3 (three) months. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.05.06 19:07:54 +0530 SAJAKALI LIYAKAT JAMADAR 1 of

2. The accused by name Akash Vasu Chavan, age 20 yrs., resident of Laxmitekadi, Zopadpatti, Sadar Bazar, Satara, is hereby convicted u/s 235(2) of Cr.P.C. of the offence punishable u/s 332 of I.P.C. and sentenced to suffer S.I. for one year and pay fine of Rs.500/(Rs.five hundred) i/d to suffer S.I. for 3 (three) months. 5.

Learned counsel for the applicant submits that the trial court's judgment is contrary to the law and the evidence on record. It is contended that the court erred in convicting the applicant. Hence, the impugned order is liable to be quashed and set aside. 6.

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

7.

Having heard both learned counsel and perused the impugned judgment, I find that certain plausible grounds are raised by the Applicant and considering that the applicant is awarded a shortterm sentence of one year coupled with the fact that disposal of the Appeal may take a considerable period, the sentence deserves to be suspended. Hence, the order :

O R D E R

(i) The Interim Application is allowed.

2 of

(ii) The sentence awarded in judgment and order rendered by the learned Assistant Sessions Judge, Satara in Sessions Case No.32 of 2018, dated 30.06.2018, is hereby suspended. (iii) The applicant/accused be enlarged on bail on furnishing PR Bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand), and one solvent surety, in the like amount, before the learned learned Assistant Sessions Judge, Satara.

(iv) Applicant shall mark presence before the concerned Sessions Court, once in three months on the date assigned by the concerned Court.

(v) The criminal interim application is disposed of accordingly. [SACHIN S. DESHMUKH, J.] 3 of