1 CRIAPPEAL52-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.89/2026 IN CRIMINAL APPEAL NO.52/2026 (DINESH SHANKAR AADE VERSUS STATE OF MAHARASHTRA, THR. PSO PS HINGANGHAT, DISTRICT WARDHA) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri R.L. Kadu, counsel for the applicant. Shri V.A. Thakre, Additional Public Prosecutor for the respondent. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE , JJ. D ATE : AUGUST 31 , 2026 P. C. By this application, the applicant is seeking suspension of his sentence and releasing him on bail. 2. The applicant is convicted of the offence punishable under Sections 307 and 506 of the Indian Penal Code, 1860. As per the allegation, the applicant resided with his family behind house of Haribhau Jambhale, which is in front of the house of the informant. The accused had three brothers. The wife of one of those brothers viz. Lata Praful Aade was working alongwith the informant since last three to four months of the incident in the agricultural field. Since her husband was suffering from paralysis and there were some disputes, Lata was residing separately. On 20.05.2021, at about 11.50 a.m., while the informant alongwith her grand-daughters were at home, the applicant came holding axe in his hand and gave blow on the forehead of Lata and attempted to kill her. On the basis of the same, the Police registered the crime against the applicant. During trial, the prosecution had examined the Medical Officer and on the basis of the evidence of the injured and the Medical Officer, it was established that the applicant has intentionally cause injury to Lata which was sufficient to cause her death. Therefore, the offence was proved against the applicant and he came to be convicted and sentenced to 2026:BHC-NAG:11555-DB 2 CRIAPPEAL52-26.odt undergo rigorous imprisonment for twelve years and to pay fine of Rs.10,000/-, in default of payment of fine, he was directed to undergo rigorous imprisonment for six months. Being aggrieved and dissatisfied with the said order, the applicant has filed the present criminal appeal. 3. Heard the learned counsel for the applicant, who submitted that due to enmity the applicant is falsely implicated in the offence. The injuries sustained by Lata are simple in nature and there is no apprehension of her death, however, the trial Court has convicted the applicant without adverting to the lacunae in the evidence. The applicant has every chance of success but the appeal would take its own time for final disposal. The learned counsel for the applicant further submitted that considering the limited period of punishment, the sentence imposed upon the applicant be suspended and the applicant be released on bail. 4. Shri V.A. Thakre, learned Additional Public Prosecutor strongly opposed the said contention and submitted that the evidence of the injured eye witnesses as well as the child witness and the evidence of the Medical Officer sufficiently shows that there was intention on the part of the present applicant for committing the murder of Lata and thereby the prosecution has established the offence against the applicant. If the applicant is released on bail, there is every likelihood of not securing his presence at the time of hearing of the appeal. Thus, considering the same, at this stage, the application deserves to be rejected. 5. After hearing both the sides and on perusal of the entire evidence on record, there is no dispute that the evidence of Lata as well as PW10-Child witness and the evidence of the informant who is also an eye witness to the incident sufficiently shows the involvement 3 CRIAPPEAL52-26.odt of the present applicant in the alleged offence. However, considering the limited period of punishment, there is no likelihood of the disposal of the appeal in near future. In view of above, the prayer made in the application deserves to be allowed. Hence, the following order is passed:- I. The criminal application is allowed. II. The execution of sentence imposed in Sessions Case No.30 of 2021 is hereby suspended till the final disposal of the present criminal appeal. III. The applicant be released on furnishing the P.R. Bond of Rs.25,000/- alongwith one surety in the like amount. IV. The applicant shall not enter village Chichghat (Aajanti), Tahsil Hinganghat, District Wardha. V. The applicant is directed to deposit the fine amount within a period of one month from today, failing which the order suspending the sentence shall stand recalled. 6. The criminal application is allowed and disposed of. CRIMINAL APPEAL NO.52/2026. The criminal appeal is already admitted. The Record & Proceedings are already received. The criminal appeal be listed after preparation of the paper book as per its turn. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) APTE Signed by: Apte Designation: Senior Pvt. Secretary Date: 02/09/2026 17:52:44