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2026 DAILYLAW 11615 (BOM)

Appa Haribhau Kale v. The State of Maharashtra Through Velapur Police Station, Solapur

IA/590/2026 · 2026-09-24

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

54-REVN-92-2026-(CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. REVISION APPLICATION NO. 92 OF 2026 Appa Haribhau Kale … Applicant V/s. The State Of Maharashtra Through Velapur Police Station, Solapur … Respondent WITH CRI-INTERIM APPLICATION NO. 590 OF 2026 IN CR. REVISION APPLICATION NO. 92 OF 2026 Appa Haribhau Kale … Applicant V/s. The State Of Maharashtra Through Velapur Police Station, Solapur … Respondent Mr. Vaibhav Dhainge a/w. Mr. Vijay Jadhav a/w. Mr. Girish Mujumdar, Advocate for the Applicant. Mr. Avinash A. Naik, APP for the respondent-State. CORAM : RAJESH S. PATIL, J. DATED : SEPTEMBER 24, 2026 P.C.: CR. REVISION APPLICATION NO. 92 OF 2026 1. This Criminal Revision Application challenges the impugned judgment and order dated 21 March 2016 passed by the learned JMFC, Malshiras, in RCC No.276 of 2006 for the offences punishable under Sections 143, 147, 148, 323, 324 read with Section 149 of the IPC, as confirmed by the learned Sessions 1/3 adn 54-REVN-92-2026-(CR).docx Judge, Malshiras, in Criminal Appeal No.02 of 2016 vide judgment and order dated 21 August 2026. 2. It is submitted on behalf of the applicants that during the pendency of the trial and appeal, the applicants were on bail and had not misused the terms and conditions of bail. 3. It is the case of the applicants that they have been falsely implicated in the case. They have no antecedents and have been falsely implicated in the crime due to previous political enmity and, in fact, the prosecution has failed to prove its case. 4. Heard the learned counsel for the applicants. 5. Admit. 6. Call for R & P. 7. The hearing of the Criminal Revision Application is hereby expedited. INTERIM APPLICATION NO.590 OF 2023 8. This Interim Application is filed for suspension of sentence by the applicants, who are the accused in the crime. The applicants have been convicted for the offences punishable under Sections 143, 147, 148, 323, 324 read with Section 149 of the IPC. 2/3 adn 54-REVN-92-2026-(CR).docx 9. By the present Interim Application, the applicants seek suspension of the sentence imposed upon them. 10. It is submitted on behalf of the applicants that during the pendency of the trial and appeal, the applicants were on bail and had not misused the terms and conditions of bail. 11. It is the case of the applicants that they have been falsely implicated in a false case. They have no antecedents and have been falsely implicated in the crime due to previous political enmity and, in fact, the prosecution has failed to prove its case. 12. The learned counsel for the applicants has tendered a photocopy of the order dated 21 August 2026 passed by the learned Additional District and Sessions Judge, Malshiras, whereby the sentence was suspended till the filing of the Revision Application. The Revision Application has been filed in time on 7 September 2026. 13. Considering the fact that the applicants were on bail during the trial and before the appellate Court, interim application stands allowed in terms of prayer clause (b). (RAJESH S. PATIL, J.) 3/3 adn