GUNWANT S/O KISANRAO HARNE v. STATE OF MAHARASHTRA
APPA/608/2025 · 2025-07-18
Urmila Joshi Phalke
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 53131 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53131 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(1) 946.apeal.341.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.608 OF 2025 IN CRIMINAL APPEAL NO.341 OF 2025
Gunwant s/o Kisanrao Harne Vs. State of Maharashtra, through Police Station Officer, Police Station City Kotwali, Amravati District Amravati -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. R. Agrawal, Counsel for the appellant. Mr. Amit Madiwale, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 18/07/2025
1. By preferring this application, the appellant is seeking suspension of sentence and releasing him on bail.
2. The appellant is convicted of the offence punishable under Section 353 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.6,000/-, in default of payment of fine, further rigorous imprisonment for three months.
3. Heard learned Counsel for the appellant, who pointed out from the impugned judgment that he has many arguable points. Moreover, the appeal 2025:BHC-NAG:7217
(2) 946.apeal.341.2025 would take its own time for its final disposal. In view of that, he prays for suspension of sentence.
4. Learned APP strongly opposed for the same on the ground that the appeal itself is devoid of merits.
5. On hearing both sides and on perusal of the impugned judgment, from which the learned Counsel for the appellant has pointed out that he has many arguable points. Moreover, the punishment imposed is of a limited period. In view of that, the application for suspension of sentence deserves to be allowed. Accordingly, I proceed to pass following
order:
ORDER (i) The application is allowed. (ii) The execution of sentence passed in Sessions Case No.29/2019 is hereby suspended till disposal of appeal. (iii) The appellant 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.341 OF 2025 (i) Heard.
(3) 946.apeal.341.2025 (ii) Admit. (iii) Learned APP waives notice for the State. (iv) Call for record and proceedings. (v) Appeal be listed before this Court after preparation of paper book.
(URMILA JOSHI-PHALKE, J.) Sarkate