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2026 DAILYLAW 4989 (BOM)

NAGORAO ALIAS NAGNATH BHIMRAO LANDE v. THE STATE OF MAHARASHTRA

APPLN/3550/2026 · 2026-08-27

Criminal Appealbody2026

Judgment text

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- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO. 3550 OF 2026 IN REVN/261/2026 NAGORAO ALIAS NAGNATH BHIMRAO LANDE VERSUS THE STATE OF MAHARASHTRA WITH CRIMINAL REVISION APPLICATION NO. 261 OF 2026 NAGORAO ALIAS NAGNATH BHIMRAO LANDE VERSUS THE STATE OF MAHARASHTRA Mr.Sharad S.Solanke, Advocate for the Applicant. Mr.A.A.A.Khan, APP for the Respondent/State. ( CORAM : SUSHIL M. GHODESWAR, J. ) DATE : 27th AUGUST, 2026 PER COURT : 1. Heard the learned Advocate for the Applicant and the learned APP. 2. This is an application for suspending the sentence awarded by the judgment dated 08.04.2019, passed by the learned J.M.F.C. in RCC No.98/2017, wherein the Applicant came to be convicted u/s 354, 354-A(2) and 323 of the IPC and sentenced to suffer imprisonment of khs/Aug.2026/3550 2026:BHC-AUG:38957 - 2 - one year and to pay fine of Rs.1,000/- for the offence u/s 354, to suffer imprisonment of 6 months and to pay fine of Rs.1,000/- for the offence punishable u/s 354-A(2) and to suffer imprisonment of 1 month and to pay fine of Rs.500/- for the offence punishable u/s 323 of the IPC. 3. The said conviction was challenged by the Applicant before the learned Additional Sessions Judge, Gangakhed, Dist.Parbhani vide Criminal Appeal No.14/2019. The learned Additional Sessions Judge, vide impugned judgment dated 14.08.2026, dismissed the appeal. In pursuance to the order passed by the learned Sessions Judge, the Applicant has surrendered before the Sessions Court and he is in custody. 4. The learned Advocate for the Applicant submits that there are strong and valid grounds raised in the Criminal Revision Application and there are chances of succeeding in the matter. Hence, he submits that during the pendency of the CRA, the substantive sentence of the Applicant may kindly be suspended. 5. Considering the above, I am convinced that the sentence khs/Aug.2026/3550 - 3 - imposed by the learned Trial Court and confirmed by the learned Additional Sessions Judge, needs to be suspended. Hence the Criminal Application stands allowed. The substantive sentence awarded by the learned J.M.F.C. Palam is hereby suspended and the Applicant be released on furnishing PR bond of Rs.25,000/- alongwith one solvent surety before the Trial Court. CRIMINAL REVISION APPLICATION NO. 261 OF 2026 6. Admit. Call for R & P. 7. Leave to add the victim as a Respondent. Addition be carried out within a period of one week. After carrying out the necessary amendment, issue notice to the added Respondent. The concerned Police Station is hereby directed to serve the added Respondent and to submit the report of service to the Office of the learned Public Prosecutor, Aurangabad on or before 10.09.2026. ( SUSHIL M. GHODESWAR, J.) khs/Aug.2026/3550