IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2692 OF 2026 WITH CRIMINAL REVISION APPLICATION NO. 190 OF 2026 Kishor Tukaram Valvi VERSUS The State Of Maharashtra Mr. Anand Bangar a/w Mr. Uday Sharma, Mr. Danish Khatik and Mr. Mohit Gavali, Advocate for applicant Ms. P. J. Bharad, APP for respondent-State CORAM : R. M. JOSHI, J. DATE : 17th JULY, 2026 PER COURT :- 1. Learned Counsel for applicant submits that pursuant to the judgment and conviction against present applicant by order dated 12.02.2020 passed in Summary Criminal Case No. 566 of 2017 and rejection of the Criminal Appeal No. 8 of 2020, appellant has been taken in custody and has been in jail for the past 26 days. 2. Learned Counsel for applicants submits that the Trial Court has failed to take into consideration the factual aspects which appeared from the record. It is his contention that the offences said to have been proved against the present appellant are punishable with fine also. It is his submission that in absence of any special reason for substantive sentence against the applicant, the applicant has fair chance of success 919-Cri Appln-2692-2026.odt 1 of 2 2026:BHC-AUG:29020 in this revision. He, therefore, seeks suspension of substantive sentence imposed against applicant. He submits that fine amount has already deposited before the Trial Court. 3. Learned APP opposed to grant any relief to the applicant. 4. Prima facie perusal of the record indicates that applicant has fair chance of success in the appeal. In any case, offence proved against applicant do not mandate substantive sentence. Hence, the order ORDER i) Criminal Application is allowed. ii) Substantive sentence imposed by Judicial Magistrate First Class, (2nd Court), Nandurbar in S.C.C. No. 566 of 2017 and confirmed by the Additional Sessions Judge, Nandurbar in Criminal Appeal No. 08 of 2020 is suspended till conclusion of the present revision. iii) Appellant be released on bail on P.R. Bond of Rs. 15,000/- with one solvent surety in the like amount. iv) Bail before trial Court. (R. M. JOSHI, J.) B. S. Joshi 919-Cri Appln-2692-2026.odt 2 of 2