Bombay High Court
Santosh Vasudeo Ghundare vs The State Of Maharashtra And Anr on 19 August, 2025
Author: N.R. Borkar
Bench: N.R. Borkar
2025:BHC-AS:35747
54-IA in apeal-731-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2602 OF 2025
IN
CRIMINAL APPEAL NO. 731 OF 2025
Santosh V. Ghundare ...Appellant
DINESH
V/s.
SADANAND
SHERLA The State of Maharashtra & Anr. ...Respondents.
Digitally signed by
DINESH SADANAND
SHERLA
Date: 2025.08.19
..............
16:19:45 +0530
Mr.Sudeep Pasbola, Sr. Advocate and Mr.Ayush Pasbola i/b Mr.Priyal
G. Sarda (through VC) for the Applicant.
Ms Dhanlaxmi Iyer, APP for the Respondent/State.
PSI Timir S. Pawar, Alandi Police Station present.
..............
CORAM : N.R. BORKAR, J.
DATE : 19.08.2025.
P.C. :
1. By this application, the applicant is seeking suspension of
sentence and grant of bail during pendency of the above appeal
filed by him against the judgment and order dated 3 rd July 2025
passed by the learned Additional Sessions Judge, Khed-
Rajgurunagar, Pune in Sessions Case No. 38 of 2022, by which the
learned Additional Sessions Judge has convicted the present
applicant for the offence punishable under Section 307 of the
Indian Penal Code and sentenced him to suffer rigorous
imprisonment for 7 years and to pay fine of Rs.1,00,000/-.
2. I have heard learned senior advocate for the applicant and
the learned APP for the respondent/State.
3. Leaned senior advocate for the applicant submits that the
applicant has a good case on merits. It is submitted that the
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applicant was on bail during the trial. In the alternative, the
learned senior advocate submits that the incident in-question was
not premeditated. It is thus submitted that during pendency of the
appeal, the sentence imposed by the trial Court may be
suspended and the applicant be released on bail.
4. Learned senior advocate, on instructions, submits that the
fine amount of Rs.1,00,000/- will be deposited with the trial Court
within a period of one week from today and the applicant has no
objection if the said amount is paid to the injured towards
compensation, as ordered by the trial Court.
5. On the other hand, learned APP for the respondent/State
submits that the applicant has been convicted for the serious
offence punishable under Section 307 of the IPC. It is submitted
that the injured was brutally assaulted. Learned APP submitted
that considering the nature of offence, his sentence may not be
suspended.
6. I have perused the judgment of the trial Court. The incident
does not appear to be premeditated. The applicant was on bail
during trial and he did not misuse the liberty granted to him. This
Court by order dated 22nd July 2025 has already admitted the
appeal. Considering the overall circumstances, I am inclined to
suspend the sentence and release the applicant on bail. In the
result, the following order is passed:
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ORDER
a] The Application is allowed.
b] The substantive sentence imposed by the trial Court is
hereby suspended and the Applicant be released on bail on
furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty
Five Thousand Only) with one or two sureties in the like
amount.
c] The fine amount of Rs.1,00,000/-, if deposited, shall be
paid to the injured towards compensation.
d] The trial Court shall not issue release warrant unless
the fine amount is deposited.
[N.R.BORKAR, J.]
