1 20appa732.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 732 OF 2026 IN CRIMINAL APPEAL STAMP NO. 10121 OF 202 6 HARIBHAU S/O HARIN NARSING KANAKE, VS THE STATE OF MAHARASHTRA, THR, ITS PSO, PS, GHATANJI, DIST. YAVATMAL. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Nikhil Lapalikar, counsel (appointed) for applicant/appellant. Mr. A.J. Gohokar, APP for non-applicant/State. CORAM : Y.G. KHOBRAGADE J. DATE : 01 /10/2026. 1. Heard learned counsel appearing for the respective parties. 2. By the present application filed under Section 5 of the Limitation Act, the applicant/convict seeks condonation of delay of 21 days in challenging the judgment and order dated 21/05/2026 passed by the learned Sessions Judge, Yavatmal, in Sessions Case No. 34 of 2023. 3. For the reasons stated in the application, the delay of 21 days in filing the appeal is hereby condoned. 4. The Registry to register the appeal. CRIMINAL APPEAL STAMP NO. 10121 OF 2026 1. Heard. rkn 2 20appa732.2026.odt 2. By the present appeal, the appellant/convict takes exception to the judgment and order dated 21/05/2026 passed by the learned Sessions Judge, Yavatmal, in Sessions Case No. 34 of 2023, thereby convicting the appellant for the offence punishable under Section 335 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-. 3. Admit. 4. Call for record and proceedings. 5. Mr. A.J. Gohokar, learned APP waives service of notice on behalf of respondent/State. CRIMINAL APPLICATION (APPA) ST. NO. 10123 OF 2026 1. Heard learned counsel appearing for the respective parties. 2. By the present application, the applicant/convict seeks suspension of sentence and grant of bail during the pendency of the appeal, arising out of the judgment and order dated 21/05/2026 passed by the learned Sessions Judge, Yavatmal, in Sessions Case No. 34 of 2023, thereby the applicant was convicted for the offence punishable under Section 335 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default of payment of which, he was directed to suffer further rigorous imprisonment for one month. rkn 3 20appa732.2026.odt 3. Having regard to the submissions advanced on behalf of both the parties, I have gone through the record and proceedings. 4. It is a matter of record that, on 21/12/2022, the informant, Rajesh Prabhakar Marathe, lodged a report with Ghatanji Police Station, District Yavatmal, alleging that he had received a phone call from mother of one Sagar Dethe, alleging that present applicant/accused had taken an auto-rickshaw. It is further alleged that, when the mother of Sagar Dethe inquired as to when the accused would return the auto-rickshaw, the informant visited Khapari Auto Point, where he noticed that the auto-rickshaw was parked. Upon being asked, the accused returned the auto-rickshaw. At that time, the appellant/accused allegedly abused the informant. Thereafter, when the informant sat in his auto-rickshaw and started it, the accused assaulted him twice on his head with a wooden rafter, resulting in head injuries. 5. On the basis of said report, Crime No. 871 of 2022 was registered with Ghatanji Police Station for the offence punishable under Sections 307, 325, 504 and 506 of the Indian Penal Code. 6. Needless to say that, prosecution has not examined Sagar Dethe, who had allegedly informed his mother about the auto- rickshaw being taken by the present applicant/accused. The prosecution has also not examined the mother of Sagar Dethe, who had allegedly informed the informant over the phone about the applicant/accused having taken the auto-rickshaw. rkn 4 20appa732.2026.odt Nonetheless, the material omissions and contradictions are brought on record, which may needs to interfere with the impugned order at the hands of this Court. 7. Considering the nature of the offence, the sentence imposed and the fact that the applicant/accused has been sentenced to a fixed term of three years, I am of the view that the applicant/accused has made out a case for suspension of sentence and release on bail during the pendency of the appeal. Accordingly, the following order is passed: ORDER a] Criminal Application is allowed. b] The substantive sentence awarded by the learned Sessions Judge, Yavatmal, in Sessions Case No. 34 of 2023, is hereby suspended during pendency of the appeal. c] The applicant/accused Haribhau s/o Harin Narsing Kanake, be released on bail on executing P.R. Bond of Rs. 25,000/- with two solvent sureties in like amount. d] The applicant/accused shall furnish his mobile number to the trial Court and shall not change the same during the pendency of the appeal without prior intimation to the trial Court. e] The applicant/accused shall also furnish the mobile numbers of two of his close relatives to the trial rkn 5 20appa732.2026.odt Court. f] The applicant/accused shall furnish the bail bond before the trial Court. g] The fees of the appointed counsel be quantified as per rules. CRIMINAL APPLICATION STAMP NO. 10124 OF 2026 1. Since the appeal has been admitted, the present application stands disposed of. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 01/10/2026 19:06:33