Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 17646 (BOM)

DIPASHANKAR DILIP BISVAS v. THE STATE OF MAHARASHTRA

APPLN/4111/2026 · 2026-10-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

*1* 904appln4111o26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4111 OF 2026 IN REVN/337/2026 WITH CRIMINAL REVISION APPLICATION NO. 337 OF 2026 DIPASHANKAR DILIP BISVAS VERSUS THE STATE OF MAHARASHTRA … Shri Ganesh Jyotiram Kore, Advocate for the Applicant. Shri C.V. Bhadane, APP for the Respondent/ State. ... CORAM : SUSHIL M. GHODESWAR, J. DATE : 08 October 2026 P. C. :- 1. This Criminal Application No.4111/2026 is filed for seeking suspension of substantive sentence imposed on the applicant vide the judgment and order dated 04.10.2019 passed by the learned JMFC, Bhoom, in RCC No.28/2011 and maintained by the learned Additional Sessions Judge, Bhoom vide the judgment and order dated 22.09.2026 in Criminal Appeal No.27/2019. Vide the impugned judgment and order dated 04.10.2019, the applicant has been convicted for the offences punishable under Sections 419, 420, 175 and 179 of the Indian Penal Code and under Section 33(2) of the Maharashtra *2* 904appln4111o26 Medical Practitioners Act and has been sentenced as under:- (a) U/s 419, R.I. for two years and fine of Rs.1000/- and in default, S.I. for 01 month. (b) U/s 420, R.I. for two years and fine of Rs.1000/- and in default, S.I. for 01 month. (c) U/s 175, S.I. for one month and fine of Rs.200/- and in default, S.I. for 07 days. (d) U/s 179, S.I. for 03 months and fine of Rs.500/- and in default, S.I. for 07 days. (e) U/s 33(2) of the Maharashtra Medical Practitioners Act, R.I. for three years and fine of Rs.3000/- and in default, S.I. for 01 month. (f) All sentences are directed to run concurrently. 2. The applicant has preferred the instant Criminal Revision Application challenging impugned judgments and orders. 3. The learned advocate for the applicant submits that there are strong grounds raised in the instant Criminal Revision Application and there are high chances of success in the revision. However, since the revision pertains to the year 2026, it is not likely to be heard in near future. The applicant has not misused the liberty during the pendency of the proceedings before the *3* 904appln4111o26 Trial Court as well as before the Appellate Court. The learned advocate, therefore, submits that during the pendency of the instant criminal revision application, the substantive sentence imposed on the applicant vide the impugned order be suspended. 4. The learned APP opposes the application and submits that there are concurrent findings of the Courts below. Hence, the relief as prayed should not be granted. 5. Perused the papers. The applicant was on bail during the pendency of the proceedings before the Courts below. Considering the submissions of the parties and the quantum of sentence and the nature of allegations, the prayer for suspension of sentence is required to be granted. Hence, I proceed to pass the following order :- ORDER (i) Criminal Application No.4111/2026 stands allowed. (ii) The substantive sentence imposed on the applicant vide the impugned judgment and order, stands suspended till the final hearing and disposal of the instant Criminal Revision Application. *4* 904appln4111o26 (iii) The applicant be released on P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount. (iv) Bail before the trial Court. 6. In Criminal Revision Application, the learned advocate for the applicant seeks permission to add the complainant as necessary party. 7. Permission is granted. Necessary amendment be carried out within one week. 8. After adding the complainant, issue notice to the respondents including the added respondent/ complainant, returnable on 05.11.2026. The learned APP waives service of notice on behalf of the respondent/ State. kps ( SUSHIL M. GHODESWAR, J. )