VISHAL CHAGAN TAMCHIKAR AND ANOTHER v. THE STATE OF MAHARASHTRA
APPLN/2226/2025 · 2026-04-16
Shri Abhay S Waghwase
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1733 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1733 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 928 CRIMINAL APPLICATION NO. 2226 OF 2025 IN APPEAL ST/6306/2025 Vishal Chagan Tamchikar And Another VERSUS The State Of Maharashtra ... Advocate for Applicant : Senior Counsel Mr. R. S. Deshmukh h/f Mr. Dodiya Ramankumar Gopal APP for Respondents-State: Mr. G. O. Wattamwar … WITH CRIMINAL APPLICATION NO. 2194 OF 2025 IN APPEAL/443/2025 Ramabai w/o Ambu Indrekar VERSUS The State of Maharashtra ... Advocate for Applicant : Ms. Rashmi Kulkarni h/f Mr. Singh Amitabh Ram Lakhan APP for Respondents-State: Mr. G. O. Wattamwar ... WITH CRIMINAL APPLICATION NO. 1998 OF 2025 IN APPEAL/418/2025 ... CORAM : ARUN R. PEDNEKER, J. Dated : August 13, 2025. PER COURT :-
1. The learned Counsel appearing for the applicants in both the applications for suspension of sentence submits that applicant No.2, Ashabai Vishnu Makale, in Criminal Application No. 2226 of 2025, is a 70-year-old lady, and that in Criminal Application No. 2194 of 2025, applicant Ramabai Ambu Indrekar is a 75-year-old lady. 2. The learned Counsel for the applicants further submits that the applicants were on bail during the pendency of the trial, and there are no criminal antecedents against either of the lady applicants. It is further submitted that the applicants have a good case on merits, particularly in view of the fact that the contraband seized is allegedly not Ganja, as can be Page
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928 CA 2226-2025 seen from the seizure panchanama. It is also submitted that there are violations of the provisions of Sections 50, 52-A, and 57 of the NDPS Act. The learned Counsel therefore prays that, considering their gender and advanced age, both applicants may be granted interim suspension of sentence. 3. The learned APP strongly objected to the grant of interim suspension of sentence to both the aforesaid applicants. 4. Considering the submissions of the learned Counsel for the applicants, the fact that there are no criminal antecedents against them, that they are elderly ladies, and that they were on bail during the trial, this Court finds it appropriate that, until the applications for suspension of sentence are decided, both applicants be granted interim suspension of sentence. 5.
Accordingly, till the next date of hearing, the sentence imposed on the applicants/appellants, namely Ashabai Vishnu Makale (in Criminal Application No. 2226 of 2025) and Ramabai Ambu Indrekar (in Criminal Application No. 2194 of 2025), in Special (NDPS) Case No. 429/2020, is hereby suspended. 6. Both the applicants have undertaken that they will surrender to Page
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928 CA 2226-2025 custody in the event the applications for suspension of sentence are rejected. 7. The applicants/appellants be released on P.R. bond of Rs.30,000/- (Rupees Thirty Thousand only) each, with two sureties of Rs.15,000/- (Rupees Fifteen Thousand only) each. 8. Bail before the Trial Court, to the satisfaction of the said Court. 9. List the matters on 02/09/2025. ( ARUN R. PEDNEKER, J. ) vj gawade/-. Page
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