Sopan Vitthal Kanade And Others vs The State Of Maharashtra on 20 May, 2026

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    Bombay High Court

    Sopan Vitthal Kanade And Others vs The State Of Maharashtra on 20 May, 2026

                                                                     1931.2025CrAppln..odt
                                            1
    
    
    
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD
    
                     CRIMINAL APPLICATION NO.1931 OF 2026
                                      IN
                   CRIMINAL REVISION PETITION NO.152 OF 2026
    
    1.    Sopan Vitthal Kanade
    2.    Jalindar Sopan Kanade
    3.    Sudam Babasaheb Ghule
    4.    Shashikala w/o. Sopan Kanade
    5.    Bharti @ Swati w/o. Machindra Karpe                  ... Applicants
    
          Versus
    
    The State of Maharashtra                                   ... Respondent
                                           ......
    
    Mr. Shashikant E. Shekade, Advocate for Applicants
    Mr. B.V. Virdhe, APP for Respondent-State
                                        ......
    
                                    CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                                    [VACATION COURT]
                                    DATE          : 20th MAY, 2026
    PER COURT :
    
    1.     Heard.
    
    2.     Issue notice to respondent - State. Learned APP waives service of notice
    
    on behalf of the respondent - State.
    
    
    3.     The learned Advocate for the Applicants submits that, the Applicants
    
    were on bail during the trial as well as during the Appeal period.              The
    
    applicants have not misused the liberty granted by the Trial Court as well as the
    
    Appellate Court. The learned Judicial Magistrate First Class (Court No.2),
    
    Georai (Trial Court) convicted the Applicants by the Judgment and Order dated
                                                                     1931.2025CrAppln..odt
                                          2
    
    24.03.2022 passed in Regular Criminal Case No.56/2013 for the offences
    
    punishable under Sections 324, 341, 504 r/w. Sec. 149 and Sections 143, 148
    
    of the Indian Penal Code (in short, 'I.P.C.') with fine and further convicted
    
    Applicant Nos.1 and 2 for the offence punishable under Section 144 of the IPC,
    
    with fine. The conviction recorded by the learned Trial Court was upheld by the
    
    learned Additional Sessions Judge, Beed (Appellate Court) in Criminal Appeal
    
    No.30/2022 by the Judgment and order dated 07.05.2026.
    
    
    
    4.     Considering the fact that, the Applicants were on bail during the Trial
    
    as well as during the pendency of Appeal, however, due to their absence, they
    
    were arrested on NBW and sent to concerned jail. Since then, they are behind
    
    the bars. The Applicants have undergone considerable part of their sentence.
    
    applicant Nos.1 and 4 are old aged persons. The applicants have made out
    
    prima facie case for suspension of their sentence during the pendency of this
    
    revision petition. Therefore, I am inclined to suspend the sentence awarded by
    
    the learned Trial Court and further upheld by the Appellate Court. Hence, the
    
    following order is passed.
    
                                       ORDER
    

    (I) Criminal Application stands allowed.

    (II) The substantive sentence imposed on the applicants 1. Sopan Vitthal
    Kanade, 2. Jalindar Sopan Kanade, 3. Sudam Babasaheb Ghule,

    SPONSORED

    4. Shashikala w/o. Sopan Kanade, 5. Bharti @ Swati w/o. Machindra Karpe
    by the learned Trial Court by the Judgment and Order dated 24.03.2022
    passed in Regular Criminal Case No.56/2013 for the offences punishable under
    Sections 324, 341, 504 r/w. Sec. 149 and Sections 143, 148 of the Indian Penal
    1931.2025CrAppln..odt
    3

    Code (in short, ‘I.P.C.’) with fine and further sentence imposed on Applicant
    Nos.1 and 2 for the offence punishable under Section 144 of the IPC, with fine,
    which has been upheld by the learned Appellate Court, stands suspended till
    the final hearing and disposal of Criminal Revision Petition No.152 of 2026.

    (III) The applicants be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen
    Thousand Only) each, with one solvent surety in the like amount each.

    (IV)    Bail before the trial court.
    
    
    
                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE
    GGP
     



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