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2025 DAILYLAW 55120 (BOM)

VILAS PANDHARI SHAMBHARKAR v. STATE OF MAHARASHTRA

APPR/198/2025 · 2025-09-17

Vrushali V Joshi

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 51-revn 147-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO. 147 OF 2025 Vilas Pandhari Shambharkar.. Vs. State of Maharashtra and anr. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.Utkarsh Mehta counsel h/f Mr.Mahesh Rai, counsel for the applicant. Mr. C.A.Lokhande, APP for the State. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 17/09/2025 1. Heard. 2. Issue notice to the non applicant. 3. Learned APP waives service of notice for non- applicant State. 4. Call for Record and Proceedings. Criminal Application (APPR) No.198 of 2025 . 1. This is an application for suspension of substantive sentence passed by the learned Additional Sessions Judge, Warora in Criminal Appeal No.24 of 2018, thereby dismissing the appeal and confirming and Kavita 2 / 3 51-revn 147-2025 upholding the order and judgment passed by the Judicial Magistrate First Class, (Court No.2), Chimur in SCC No.328 of 2014, thereby convicting the applicant for the offence punishable under Section 65(a) of Bombay Prohibition Act and sentenced to suffer rigorous imprisonment of three years and to pay fine of Rs.25000/-and in default to suffer rigorous imprisonment for six months. 2. Heard finally by consent of learned Advocate appearing for the parties. 3. It is undisputed that the appellant has deposited the fine amount of Rs.25,000/-. In the fact and circumstances, the application is allowed. As the applicant has challenged the order of conviction before this Court, the substantive sentence shall remain suspended during the pendency of this Criminal Revision Application. ORDER (i) The Criminal Application stands allowed. (ii) The substantive sentence against the applicant/appellant passed by the learned Additional Sessions Judge, Warora in Criminal Appeal No.24 of 2018, thereby dismissing the Kavita 3 / 3 51-revn 147-2025 appeal and confirming and upholding the order and judgment passed by the Judicial Magistrate First Class, (Court No.2), Chimur in SCC No.328 of 2014, thereby convicting the applicant for the offence punishable under Section 65(a) of Bombay Prohibition Act is hereby suspended. (iii) Applicant Vilas Pandhari Shambharkar. be released on P.R bond of Rs.50,000/-(Rs.Fifty thousand only) with two solvent sureties of Rs.25,000/-(Rs.Twenty five thousand only) each. (iv) The applicant shall not commit any criminal activity. (v) Bail to be furnished before the trial Court. The application stands disposed of. JUDGE Kavita