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2025 DAILYLAW 4145 (BOM)

AMRUT ARVIND POWAR AND ANR v. STATE OF MAHARASHTRA

IA/1601/2025 · 2026-09-02

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

918 - CRI IA - 1601 - 2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 1601 OF 2025 IN CRIMINAL APPEAL NO.436 OF 2025 Amrut Arvind Powar & Anr. … Applicants V/s. The State of Maharashtra … Respondent Ms. Archana Gaikwad (through V.C.) for the Applicants. Mr. Shubhangi N. Deshmukh, APP for the State. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 2, 2026 P.C.: 1. By the present Interim Application, the Applicants have sought for the following substantive reliefs: “(a) Order of conviction & substantial sentence passed in Sessions case No. 13 of 2024 by Hon’ble Additional Sessions Judge, Gadhinglaj dated 13/03/2025 be suspended till final decision of the appeal & Applicants – Accused may kindly be enlarged on bail. (b) The order of payment of compensation made in aforesaid case may kindly be stayed till final decision of appeal. (c) Other just and consequential orders may kindly be passed to meet the ends of justice.” 2. Ms. Archana Gaikwad, learned Advocate for the Applicants, states that the Applicants have been protected by an interim order since 13th June 2025. Ms. Archana Gaikwad, learned Advocate for the Applicants, VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.02 19:34:19 +0530 918 - CRI IA - 1601 - 2025.docx states that the Applicants have furnished the P.R. Bond and bail before the Trial Court. 3. The order dated 13th June 2025, passed by this Court, reads thus: “1. Heard learned Advocate for the Appellants and learned APP. 2. The sentence for offence punishable under Sections 363 and 312 of the Indian Penal Code was suspended by the Trial Court. As both the offences are bailable, this Court on 28/04/2025 has continued the interim relief granted by the Trial Court. 3. Let the order of the suspension of sentence be continued till the next date. 4. Learned Advocate Ms. Gaikwad assures that copy of notes of evidence will be produced on the next date positively. 5. Matter be kept on 18th July 2025.” 4. Ms. Shubhangi N. Deshmukh, learned APP for the State, submits that as the sentence imposed by the Trial Court was suspended by the Trial Court and thereafter continued by this Court vide order dated 13th June 2025, the said order be confirmed, however, subject to the Applicants depositing the fine amount of Rs.30,000/- as imposed by the Trial Court in the Judgment and Order dated 13th March 2025. 5. In view of the above, the order dated 13th June 2025 passed by this Court in this Application is confirmed, the substantive sentence imposed in Sessions Case No.13 of 2024 is suspended pending the Criminal Appeal No.436 of 2025, subject to the following conditions: VRJ 2 918 - CRI IA - 1601 - 2025.docx (a) The Applicants shall furnish P.R. Bond of Rs.25,000/-, each, along with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Court, Gadhinglaj, within a period of four weeks from today. (b) Applicants shall deposit the fine amount of Rs.30,000/- in the Additional Sessions Court, Gadhinglaj within four (4) weeks from today. (c) The Applicants shall regularly appear before this Court as and when Criminal Appeal No. 436 of 2025 is listed on the cause list. 6. Interim Application No. 1601 of 2025 stands disposed of. (ASHWIN D. BHOBE, J.) VRJ 3