1 17appa503.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 503 OF 2026 IN CRIMINAL APPEAL NO. 336 OF 2026 SUDARSHAN S/O ASHOK BORKAR, VS THE STATE OF MAHARASHTRA, Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.N. Bawangade, counsel for applicant/appellant. Mr. G.S. Umale, APP for non-applicant/State. CORAM : Y.G. KHOBRAGADE J. DATE : 12/10/2026. 1. Heard learned counsel appearing for the respective parties. 2. By the present application, the applicant/convict seeks suspension of sentence and release on bail consequent upon the judgment and order dated 29/06/2026 passed by the learned Additional Sessions Judge-07, Nagpur, in Sessions Case No.422 of 2022, whereby the applicant/accused has been held guilty for the offence punishable under Section 342 of the Indian Penal Code, 1860, and sentenced to suffer rigorous imprisonment for one year. He has also been held guilty for the offence punishable under Section 307 of the Indian Penal Code, 1860, and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.5,000/-, in connection with Crime No.103 of 2022 registered with Katol Police Station, District Nagpur. 2 17appa503.2026.odt 3. After going through the record, prima facie, it appears that the applicant/accused and the informant are husband and wife and their marriage was solemnized on 06/04/2021. It was a love marriage. Subsequently, certain altercations took place between the applicant/accused and his wife/informant. The first such incident occurred on 27/01/2022. As per the FIR, it appears that the applicant / accused was doubting the chastity of his wife/ informant. The matrimonial dispute between the applicant/accused and his wife was also referred to mediation. 4. Ultimately, on 18/02/2022, the informant, who was employed at a Net Cafe, required her Aadhaar Card for updation. Therefore, she called the applicant/accused on his mobile phone from the mobile phone of her employer. The informant further alleged that, on the date of the incident, the applicant/accused assaulted her, put his leg on her neck and attempted to kill her by pressing her throat. On the basis of said FIR, Crime No. 103/2022 was registered with Katol Police Station for the offence punishable under Sections 342 and 307 of the Indian Penal Code. After due investigation, the investigating officer filed charge-sheet against the applicant / accused. During the pendency of the trial, applicant/accused was released on bail. The prosecution examined total 12 witnesses. By the impugned judgment and order dated 29/06/2026, the learned Additional Sessions Judge-07, Nagpur, held the applicant/accused guilty and sentenced him to suffer rigorous imprisonment for one year for the offence punishable under Section 342 of the Indian Penal Code and rigorous 3 17appa503.2026.odt imprisonment for five years for the offence punishable under Section 307 of the Indian Penal Code. 5. Considering the evidence brought on record, as well as the nature of the cross-examination conducted on behalf of the applicant/accused, it prima facie appears that there are certain omissions and contradictions in the evidence, which may require consideration by this Court while examining the findings recorded by the learned trial Court. Further, the applicant / accused was on bail during the course of the trial. The maximum sentence prescribed for the offence under Section 307 of the Indian Penal Code is five years in the present case, as awarded by the learned trial Court. 6. In view of the above facts and circumstances, I am of the view that the sentence awarded by the learned trial Court deserves to be suspended and the applicant/accused deserves to be released on bail during the pendency of the appeal. Accordingly, I proceed to pass the following order: a] The criminal application is allowed. b] The applicant/appellant – Sudarshan Ashok Borkar, is released on bail in connection with Crime No.103 of 2022 registered with Katol Police Station, on executing a P.R. Bond of Rs.25,000/- with two solvent sureties in the like amount. c] The applicant/accused shall furnish his mobile number as well as the mobile numbers of two close relatives to the Investigating Officer. 4 17appa503.2026.odt d] The applicant/accused shall not enter village Yewana, Tahsil Katol, District Nagpur, during the pendency of the appeal without prior permission of this Court. e] The applicant/accused shall not contact the informant and shall not, in any manner, pressurize or threaten the informant. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 14/10/2026 17:25:18