1 901-appr-307-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 307 of 2026 IN CRIMINAL REVISION NO. 292 OF 2026 1. Ganesh Kailash Rathod and 2. Vijay Kailash Rathod Versus State of Maharashtra through Police Station Officer, Police Station Digras, Tq. Digras, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Shankar Girhe, Advocate a/w Shri Mahesh Rai, Advocate for the applicants. Mrs. S.V.Kolhe, APP for the non-applicant/State. CORAM : MEHROZ K. PATHAN, J. DATED : 6th OCTOBER, 2026. The present application has been filed by the applicants seeking suspension of the sentence imposed upon the applicants vide judgment dated 02.06.2017 passed by the learned Judicial Magistrate First Class, Digras in Regular Criminal Case No. 321 of 2013. 2. Shri Girhe, learned counsel for the applicants submits that the injured witness Ramesh Ade has exaggerated the events and made certain improvements in the depositions. The presence of Bujibai is deliberately brought in his testimony, however, the same is missing in the SKNair 2026:BHC-NAG:13415 2 901-appr-307-26.odt statement under Section 161 of Code of Criminal Procedure, 1973 during the investigation. The panch witnesses for the memorandum have also turned hostile and has not supported to the prosecution case. Thus, there are good grounds raised in the revision which falls for consideration. The revision is admitted and would take its own time for final disposal. The applicants were on bail during the pendency of the appeal and there are no allegations against the applicants for violating of any conditions imposed in the bail which was granted by the learned trial Court as well as Appellate Court. The applicants are further ready to abide any conditions that may be imposed by this Court. Hence, this Court may release the applicants by suspending the sentence. 3. As against this, Mrs Kolhe, learned Additional Public Prosecutor appearing on behalf of the non-applicant/State strongly objects for the applicants being released on bail. The applicants are convicted for the offence punishable under Section 324 of Indian Penal Code and sentenced to suffer three months of rigorous imprisonment. This is not a fit case for release the applicants on bail and therefore the application may be rejected. SKNair 3 901-appr-307-26.odt 4. I have gone through the judgment dated 02.06.2017 passed by the learned Judicial Magistrate First Class, Digras, thereby convicting the applicants under Section 324 read with Section 34 of Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment of three months to each and to pay a fine of Rs.1,000/- each. The appeal filed by the applicants came to be dismissed vide judgment and order dated 03.10.2026. The applicants were on bail during the trial and also released by suspending the sentence by the learned Additional Sessions Judge, Darwha during the pendency of appeal. There are no allegations that the applicants have violated any of the conditions as imposed by the learned learned trial Court as well as Appellate Court. The revision is admitted and it will take its own time for final hearing. Since, the applicants are behind the bar after the appeal was dismissed vide order dated 03.10.2026 passed by the learned Additional Sessions Judge, Darwha, I am inclined to exercise the discretion under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant the bail on the application for suspension of sentence and pass the following order : ORDER i. The application is allowed; SKNair 4 901-appr-307-26.odt ii. The substantive sentence imposed upon the applicants vide judgment and order dated 02.06.2017 passed by the learned Judicial Magistrate First Class, Digras in Regular Criminal Case No. 321 of 2013, thereby convicting the applicants for the offence punishable under Sections 324 of Indian Penal Code to suffer rigorous imprisonment for three months to each and with a fine of Rs.1000/- each for the offences, in default of payment of fine, applicants to suffer further rigorous imprisonment of 15 days each for the offence, is hereby suspended subject to the condition that the applicants on furnishing the P.R.Bond of Rs.25,000/- each with one solvent surety in the like amount. iii. The applicants shall attend the concerned Police Station once in every six months, commencing from 15.10.2026. iv. The applicants are directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. v. The applicants shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives SKNair 5 901-appr-307-26.odt vi. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. vii. Application is disposed of accordingly. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 08/10/2026 12:34:33