Kasim Ahmad Vavgharkar v. The State Of Maharashtra

121-IA1021-2026 (CR).docx Rohit Ghuge

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1021 OF 2026 IN APPEAL NO. 303 OF 2026 Kasim Ahmad Vavgharkar

VERSUS

The State Of Maharashtra _________________________________________________________________ Mr. Nayank Joshi a/w Mr. R. Thorat, Advocate for Applicant. Mr. B. B. Kulkarni, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 7th APRIL, 2026.

P.C. :

1.

This is an application for suspension of sentence and bail. 2.

The applicant has been convicted for the offence punishable under Section 353 of the Indian Penal Code and sentenced to suffer simple imprisonment for two years and to pay fine of Rs.2,000/- in default to suffer simple imprisonment for one month.

3.

The applicant is also convicted for the offence punishable under Section 504 of the Indian Penal code and sentenced to suffer simple imprisonment for six months and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month.

4.

The applicant is also convicted for the offence punishable under Section 506 of the Indian Penal code and sentenced to suffer simple imprisonment for six months and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month.

5.

It is the contention of learned counsel for the applicant that the

121-IA1021-2026 (CR).docx Rohit Ghuge trial Court has granted bail and suspended the sentence of the applicant during the appeal period. During the trial, the applicant was on bail. Hence, requested to allow the application.

6.

The learned APP for Respondent-State strongly objected to allow the application.

7.

I have heard both learned counsel.

7.

Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal. 8.

The Application is disposed of in the following terms.

O R D E R

(i) The substantive sentence of imprisonment awarded to the applicant is hereby suspended pending disposal of the appeal, subject to the applicant furnishing a PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (ii) The bail bonds to be furnished before the learned Additional Sessions Judge.

(iii) The Interim Application is disposed of. (SHIVKUMAR DIGE, J.)