Bombay High Court
Dashrath Balaji More vs The State Of Maharashtra on 31 July, 2025
2025:BHC-AUG:20203
957-APPLN-2662-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2662 OF 2025
IN REVN/229/2025
Dashrath Balaji More
Versus
The State of Maharashtra
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Mr. Shrikant Madde for the Applicant.
Mr. M. K. Goyanka, APP for the State.
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CORAM : ADVAIT M. SETHNA, J.
DATE : 31 JULY 2025
P. C.:
1. Issue notice to the Respondent. Mr. Goyanka, learned APP
waives service for the State.
2. This Application is filed in the captioned Criminal Revision
Application with a prayer to suspend the sentence imposed by the Judicial
Magistrate First Class, Court No.3, Ahmedpur, District Latur and confirmed
by the Additional Sessions Judge, Ahmedpur in Criminal Appeal No.03 of
2022.
3. Heard Mr. Madde, learned Advocate for the Applicant and Mr.
Goyanka, learned APP for the State. With their assistance, perused the
Application and the record available with the Court. Briefly, the JMFC Court,
Ahmedpur in RCC No.104 of 2017 is pleased to pass an order, primarily of
conviction against the accused i.e. the present Applicant. The said orders
reads thus:-
Shubham Page 1 of 4
957-APPLN-2662-2025.doc
"ORDER
1) The accused namely Dashrath Balaji More, R/O.-Belur, Tq. Ahmedpur,
Dist.-Latur, is convicted for the offence punishable under Section-
354(A) of the Indian Penal Code, 1860, vide Section-248(2) of the
Code of Criminal Procedure and sentenced to suffer rigorous
imprisonment for the term of One Year with fine of Rs.05,000/
(Rupees Five Thousand Only) and in default of payment of fine to
suffer simple imprisonment for a period of 01 month.
2) The accused is convicted for the offence punishable under Section-
452 of the Indian Penal Code, 1860, vide Section-248(2) of the Code
of Criminal Procedure and sentenced to suffer simple imprisonment
for the term of One Year with fine of Rs.3,000/ (Rupees Three
Thousand Only) and in default of payment of fine to suffer simple
imprisonment for a period of 20 days.
3) The accused is convicted for the offence punishable under Section-
506 of the Indian Penal Code, 1860, vide Section-248(2) of the Code
of Criminal Procedure and sentenced to suffer simple imprisonment
for the term of One Year with fine of Rs.02,000/ (Rupees Two
Thousand Only) and in default of payment of fine to suffer simple
imprisonment for a period of 15 days.
4) The accused to surrender his bail bonds.
5) As per Section-428 of the Cr.P.C., the accused was arrested on
07/09/2017 and on the same day he was released on bail. Hence, he
is not entitled to set off.
6) All the sentences shall run concurrently.
7) Amount of Rs.5,000/ (Rupees Five Thousand Only) be given to the
informant (P.W.-02), out of fine amount as compensation under
Section 357 of the Code of Criminal Procedure.
8) Copy of the judgment be given to the accused forthwith, free of costs.
9) Copy of the judgment be forwarded to the District Magistrate, Latur
for service to the Victim."
4. The said order was carried by way of Appeal by the present
Applicant before the Sessions Court. The Additional Sessions Judge,
Ahmedpur by a judgment and order dated 27 June 2025, modified the
conviction and sentence of the accused i.e. the Applicant in the following
terms:-
Shubham Page 2 of 4
957-APPLN-2662-2025.doc
"O r d e r
1) The appeal is partly allowed.
2) The recording of conviction against accused for the offence
punishable U/Sec.452 and 354-A of the IPC is maintained subject to
the modification of sentence. Accused Dashrath is convicted for the
offence punishable U/Sec.354-A and 452 of the IPC. He has to suffer
rigorous imprisonment of six months for each offence with fine for the
offence punishable U/Sec.354-A of the IPC for a sum of Rs.6000/-
and Rs.4000/- for the offence punishable U/Sec.452 of the IPC, in
default, he has to undergo simple imprisonment for one month each
offence.
3) Both sentences shall run concurrently.
4) Accused is acquitted for the offence punishable U/Sec.506 of the
Indian Penal Code.
5) The order of compensation is maintained."
5. It thus appears that pursuant to such modification by the
Sessions Court, the Applicant has to now undergo rigorous imprisonment of
6 months with fine for Rs.6,000/- for the offence punishable under Section
354-A of the IPC and Rs.4,000/- for the offence punishable under Section
452 of the IPC. The Sessions Court order/judgment has acquitted the
accused for the offence punishable under Section 506 of the IPC.
6. The case of the learned Advocate for the Applicant on merits is
that both the Courts have principally proceeded on the version of the
prosecution witnesses, who are interested witnesses inasmuch as they were
family members. He would also submit that as these offences were to run
concurrently and were connected. The accused-Applicant is acquitted for the
offence punishable under Section 506 of the IPC. It is also submitted that
now the sentence that the Applicant has to undergo is for a period of six
Shubham Page 3 of 4
957-APPLN-2662-2025.doc
months, which is undoubtedly a short sentence. Learned Advocate for the
Applicant states that the Applicant has duly paid/deposited the fine as
directed.
7. The Applicant was enlarged on bail and continued to be on bail
during the proceedings before the JMFC as also during the period of Appeal
before the Sessions Court. This position is not controverted by the
prosecution. It also appears that there have been no complaints with regard
to the conduct of the Applicant whilst on bail in any manner whatsoever. In
the above circumstances, the Application for suspension of sentence
deserves to be allowed by passing the following order:-
ORDER
i. Pending disposal of the Criminal Revision Application and/or until
further orders, the substantive sentence of imprisonment imposed
by the JMFC, Ahmedpur and modified by the Additional Sessions
Judge, Ahmedpur stands suspended.
ii. The Applicant be released on bail on executing of P.R. Bond of
Rs.25,000/- with one surety in the like amount.
iii. Bail before the Trial Court.
[ADVAIT M. SETHNA, J.]
