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2025 DAILYLAW 4416 (BOM)

SHAMRAO GOROBA WAGHMARE v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/1190/2025 · 2026-09-04

Criminal Appealbody2025

Judgment text

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(1) 912criapln1190.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 CRIMINAL APPLICATION NO. 1190 OF 2025 IN REVN/113/2025 Shamrao Goroba Waghmare ….Applicant VERSUS The State Of Maharashtra And Another …..Respondents Mr. S. C. Swami, Advocate for the Applicant Mr. Madhukar A. Aher, APP for the respondents/State CORAM : SUSHIL M. GHODESWAR, J. DATE : 04th SEPTEMBER, 2026 PER COURT : 1. This is an application for suspension of sentence awarded by the learned Sessions Judge, Latur in Criminal Appeal No. 03/2018 vide judgment and order dated 03-03-2025. 2. Mr. Swami, learned Advocate for the Applicant submits that the Applicant was initially prosecuted for the offences punishable under Sections 354 & 323 in RCC No.460/2016 before the learned JMFC, Latur. After recording the evidence and hearing the parties said learned JMFC was pleased to acquit him vide judgment and order dated 09-10-2017. However, the informant has preferred the Appeal under Section 378 of the Cr. P. C. which came to be partly allowed on 1 of 3 2026:BHC-AUG:41370 (2) 912criapln1190.25 03-03-2025. The learned Sessions Judge vide impugned judgment and order dated 03-03-2025 was pleased to convict the Applicant for the offences punishable under Section 354 of the IPC thereby sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs.5000/- in default to suffer simple imprisonment for six months. Learned Advocate for the Applicant submits that as per judgment and order passed by the learned Sessions Court he has deposited the fine amount. He submits that there are strong and valid grounds in the instant revision application and there are bright chances of succeeding in the Revision Application. The Applicant was on bail during lower Court proceeding and has not misused his liberty. He, therefore, submits that the Revision Application cannot be finally heard at the stage of admission. Hence, during pendency of this Revision Application, the sentence imposed by the learned Sessions Court be suspended till final decision on the instant Revision Application. 3. In that view of the matter, the Application is allowed. 4. The substantive sentence imposed by the learned Sessions Court by order dated 03-03-2025 is hereby suspended till the final decision on the instant Revision Application. 5. The Applicant be released on furnishing PR bond of Rs.25,000/- [Rupees Twnety Five Thousand Only] along with one 2 of 3 (3) 912criapln1190.25 surety in the like amount before the trial court. 6. Put up the Revision Application on 22-09-2026. [SUSHIL M. GHODESWAR, J. ] VishalK/912criapln1190.25 3 of 3