{1} CR APPLICATION NO. 163 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 163 OF 2025 IN APPEAL/33/2025 Dashrath s/o Prabhakar More Age: 23 years, Occu.: Education, R/o. Manna-Omerga, Tq.Udgir, Dist.Latur. ….Applicant (Orig. Accused No.1) Versus The State of Maharashtra Through Police Station Officer, Police Station Wadhona, Tq.Udgir, Dist.Latur. …..Respondent ….. Advocate for Applicant : Mr.Prashant Gole h/f. Mr. V.D.Gunale APP for Respondent : Mr.P.K.Lakhotiya ….. CORAM : ABHAY S. WAGHWASE, J. DATE : 06 MARCH, 2025 ORDER : 1. Present application is for suspension of sentence and grant of bail on account of conviction recorded by learned Additional Sessions and Special Judge, Udgir, Dist.Latur, in Atrocity Special Case No.30 of 2021 dated 17-12-2024. 2. Learned counsel for the applicant submitted that present 2025:BHC-AUG:6552 {2} CR APPLICATION NO. 163 OF 2025 applicant was tried vide Sessions Case No.30 of 2021 for commission of offence under Sections 323, 354, 143, 504, 506 r/w 149 of the Indian Penal Code (IPC) and under Sections 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and on trial, he held guilty for offence under Section 354 of the IPC and sentenced to suffer simple imprisonment for one year and to pay fine. Learned counsel submitted that applicant is convicted only for offence under Section 354 of the IPC and he is acquitted from other charges. That, he is sentenced to suffer simple imprisonment for one year and to pay fine. That, judgment and order of conviction has been challenged by filing appeal. That, appeal is of 2025. That, applicant is behind bars since 17-12-2024. That, appeal being of recent year, there are no prospects of appeal being heard earlier. For all above reasons, learned counsel seeks suspension of sentence and grant of bail. 3. Learned APP opposed the application for suspension of sentence and grant of bail. 4. Heard. Perused the papers. Present applicant was arrested and tried vide Atrocity Special Case No.30 of 2021 and by judgment {3} CR APPLICATION NO. 163 OF 2025 and order dated 17-12-2024 he seems to get convicted, but for offence under Section 354 of the IPC. That, learned trial Judge has awarded sentence of simple imprisonment for one year and to pay fine. By filing appeal bearing no.33 of 2025 exception seems to have taken to above judgment and order of conviction. Applicant is behind bars since date of conviction. As is seen, appeal is of 2025 and this Court is currently dealing with appeals of 2007. Resultantly, there are no immediate prospects of appeal being heard on merits finally. 5. Taking the above discussion into consideration and quantum of sentence awarded, relief of suspension of sentence and grant of bail is required to be granted. Hence, the following order : ORDER (i) Criminal Application is allowed. (ii) The substantive sentence imposed on the applicant Dashrath Prabhakar More by the learned Additional Sessions and Special Judge, Udgir, Dist.Latur in Atrocity Special Case No.30 of 2021 dated 17-12- 2024, stands suspended till final hearing and disposal of Criminal Appeal No.33 of 2025. {4} CR APPLICATION NO. 163 OF 2025 (iii) The applicant be released on P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand only) with two solvent sureties in the like amount. (iv) The applicant shall not commit any criminal activity. (v) The applicant shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date he tenders bail papers and thereafter, the trial Judge to fix dates for his subsequent appearances. (vi) In case of two consecutive defaults on the part of the applicant to remain present before the trial Court, the trial Court to inform this Court about the same and in that eventuality, the prosecution would be at liberty to file an application for cancellation of the bail granted to the applicant. (vii) Bail before the trial Court. ( ABHAY S. WAGHWASE ) JUDGE SPT