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2025 DAILYLAW 46832 (BOM)

UMESH / PRASHNAT S/O DILIPRAO LANDGE v. STATE OF MAHA THR PSO, PS NARKHED

APPA/202/2025 · 2025-02-26

Urmila Joshi Phalke

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(1) 51.appa.202.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.202 OF 2025 IN CRIMINAL APPEAL NO.110 OF 2025 Umesh @ Prashant s/o Diliprao Landge Vs. State of Maharashtra, through Police Station Officer, Narkhed, District Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N. R. Tekade, Counsel for the applicant/appellant. Ms. M. A. Barabde, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J. DATED : 26/02/2025 1. By this application, the applicant is seeking suspension of sentence and releasing him on bail. 2. The applicant is convicted for the offence punishable under Section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.15,000/-, in default to suffer simple imprisonment for three months. 3. Being aggrieved and dissatisfied with the same, the present appeal is preferred. 4. Learned Counsel for the applicant submitted that the appeal would take its own time for (2) 51.appa.202.2025 its final disposal. In the meantime, if the sentence is executed the appeal would become infructuous. 5. Learned APP strongly objected for the same on the ground that the appeal itself is devoid of merits and therefore, the application deserves to be rejected. 6. After hearing both sides and on perusal of the impugned judgment, learned Counsel for the applicant has pointed out that he has many arguable points in the present appeal. Moreover, the punishment is of a limited period. Considering the same, the application deserves to be allowed. Accordingly, I proceed to pass the following order: ORDER (i) The application is allowed. (ii) The execution of the sentence passed in Sessions Case No.241/2020 is hereby suspended till disposal of the appeal. (iii) The applicant shall be released on bail on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount. The application is disposed of. CRIMINAL APPEAL NO.110 OF 2025 1. Heard. 2. Admit. (3) 51.appa.202.2025 3. Learned APP waives notice for the State. 4. Call for record and proceedings. 5. Appeal be listed before this Court after preparation of the paper book. (URMILA JOSHI-PHALKE, J.) Sarkate