- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 CRIMINAL APPLICATION NO. 3535 OF 2026 IN REVN/158/2026 AKSHYA ASHRUBA GAIKWAD VERSUS THE STATE OF MAHARASHTRA WITH CRIMINAL REVISION APPLICATION NO. 158 OF 2026 SUNIL ASHRUBA SANAP AND ANOTHER VERSUS THE STATE OF MAHARASHTRA Mr.A.R.Hange h/f Mr.R.G.Hange, Advocate for the Applicant. Mr.C.V.Bhadane, APP for the Respondent/State. ( CORAM : SUSHIL M. GHODESWAR, J. ) DATE : 27th AUGUST, 2026 PER COURT : CRIMINAL APPLICATION NO. 3535 OF 2026 1. This is an application for suspending the sentence passed by the learned J.M.F.C., Beed in SCC No.733/2017, which was confirmed by the judgment and order dated 16.05.2026 in Criminal Appeal No. 77 of 2023 by the learned Sessions Judge, Beed. There are 2 accused persons in the instant crime. khs/Aug.2026/3535 - 2 - 2. After conviction, they have preferred Criminal Application No.1943/2026 in Criminal Revision Application No.158/2026 before the Vacation Court of this Bench, and vide order dated 22.05.2026, the Vacation Judge was pleased to partly allow the Application to the extent of Applicant No.1 Sunil Sanap, however, liberty was granted to Applicant No.2 (i.e. the present Applicant) to file fresh application for suspension of sentence after his surrender. Mr.Hange, the learned Advocate for the Applicant submits that in pursuance to the aforesaid order, the Applicant has surrendered before the learned J.M.F.C. on 19.08.2026 and therefore in pursuance to the liberty granted, he has filed the Application before this Court. 3. Vide judgment dated 06.09.2023 passed by the learned J.M.F.C. (Court No.5), Beed in SCC No.733/2017, both the accused persons came to be convicted u/s 65(e) of the Maharashtra Prohibition Act and sentenced to suffer imprisonment of 3 years each and to pay fine of Rs.25,000/-each, in default to suffer SI of 6 months each. The said sentence came to be confirmed by the learned Sessions Judge in Criminal Appeal No.77/2023. The learned Advocate for the Applicant Mr.Hange Submits that there are strong and arguable points in the khs/Aug.2026/3535 - 3 - Criminal Revision Application and there are chances of succeeding in Criminal Revision Application. He, therefore, submits that the sentenced imposed by the learned Trial Court as well as the Appellate Court, be suspended during pendency of Criminal Revision Application. 4. In that view of the matter, sentence awarded by the learned J.M.F.C., Beed in SCC No.733/2017 is hereby suspended. The Applicant be released on bail by furnishing PR bond of Rs.25,000/- alongwith one solvent surety in the like amount. The bail bonds to be executed before the Trial Court. 5. The Criminal Application is allowed and disposed of accordingly. 6. Criminal Revision Application No.158/2026 is Admitted. Call for R & P. ( SUSHIL M. GHODESWAR, J.) khs/Aug.2026/3535