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Bombay High Court
Laxman Narayan Thakare vs State Of Maharashtra on 15 December, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Application (APPA) No. 436 of 2025
in
Criminal Appeal No. 244 of 2025
Laxman Narayan Thakare
Versus
The State of Maharashtra through Police Station Officer, Police Station
Washim City, Dist. Washim
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri MN.Ali, Advocate for the applicant.
Ms. H.N.Prabhu, APP for the respondent/State.
CORAM : NIVEDITA P. MEHTA, J.
DATED : 15th DECEMBER, 2025.
The present application is filed by the
applicant under Section 430 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking suspension of sentence
and grant of bail pending final disposal of the criminal
appeal.
2. The applicant has preferred an appeal
challenging the judgment and order of conviction dated
19th April, 2025, passed by the learned Additional
Sessions Judge, Washim in Sessions Case No. 55 of
2017. By the said judgment, the applicant has been
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convicted for the offence punishable under Section 307
of the Indian Penal Code and sentenced to undergo
rigorous imprisonment for a period of ten years and to
pay a fine of ₹5,000/-5,000/-, in default whereof, to further
undergo rigorous imprisonment for a period of one
month.
3. Learned counsel for the applicant submits
that the applicant was on bail during the trial and has
not misused the liberty so granted. It is further
submitted that there is an arguable case on merits.
Learned counsel draws the attention of the Court to the
evidence of the Medical Officer (P.W.9) and submits that
the injured sustained certain injuries for which he was
treated. It is submitted that the injured remained
hospitalized for a period of 13 days, i.e., from
04.08.2017 to 17.08.2017. It is further contended that
the applicant had no intention to cause the death of the
injured and that the incident occurred due to a prior
quarrel between the applicant and the injured. Learned
counsel further submits that the applicant is 65 years of
age, being a senior citizen, and that his continued
incarceration would be detrimental considering his
advanced age.
4. Per contra, learned Additional Public
Prosecutor submits that the applicant assaulted the
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injured with the intention to kill him. It is submitted
that the applicant followed the auto-rickshaw in which
the injured was taking his wife for medical treatment
and, when the auto-rickshaw stopped at a closed railway
gate, the applicant arrived on a motorcycle, rushed
towards the injured, dragged him out of the auto-
rickshaw, and inflicted a knife blow on the abdomen of
the injured, resulting in grievous injuries. It is further
submitted that during the trial, the applicant had taken a
plea of mental unfitness, pursuant to which he was
referred to a mental hospital. The medical certificate
issued by the Hospital mentioned that the applicant is
not mentally ill. Learned APP submits that the learned
Trial Court has rightly appreciated the evidence and
convicted the applicant, and therefore, the present
application deserves to be rejected.
5. Upon considering the rival submissions and
the material available on record, and having regard to
the fact that the applicant was on bail during the trial
and has not misused the liberty granted to him, coupled
with the fact that the applicant is 65 years of age and
that the appeal is not likely to be heard in the immediate
future, this Court is of the considered view that a case
for suspension of sentence is made out. Accordingly, the
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application is allowed on the following terms and
conditions.
6. The substantive sentence imposed upon the
applicant by the learned Additional Sessions Judge,
Washim in Sessions Case No. 55 of 2017, is hereby
suspended pending final disposal of the appeal.
The applicant shall be released on bail on the following
conditions:
i) The applicant is directed to furnish Cash
Security in the sum of ₹5,000/-50,000/- (Rupees Fifty
Thousand only).
ii) The applicant shall not enter village of
Kalamba Mahali, Tq and Dist. Washim till the
conclusion of the appeal.
iii) The applicant shall report to the nearest
police station on every first day of the calender month
till the conclusion of the appeal.
iv) The applicant shall furnish his current
residential address and mobile number to the concerned
Sessions Court and shall inform the Court of any change
in address or contact details forthwith.
v) It is clarified that the learned Additional
Public Prosecutor and/or the Investigating Officer shall
be at liberty to move for cancellation of bail in the event
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of breach of any of the aforementioned conditions or for
any other sufficient cause.
The criminal application stands disposed of
accordingly.
Criminal Appeal No. 244 of 2025.
Heard.
2. ADMIT.
3. Ms. H.N.Prabhu, learned Additional Public
Prosecutor, waives service of notice on behalf of the
respondent/State.
4. Call record and proceedings.
5. Registry is directed to prepare the paper
book at the earliest.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
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Designation: PS To Honourable Judge
Date: 15/12/2025 17:11:15
