Amol Narayan Nehare Thr His Next Friend ... vs The State Of Maharashtra Thr Pso Ps Seloo ...
2026 Latest Caselaw 278 Bom

Bombay High Court

Amol Narayan Nehare Thr His Next Friend ... vs The State Of Maharashtra Thr Pso Ps Seloo ... on 12 January, 2026

                                                                                1                               appa1004.2025.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR
                    CRIMINAL APPLICATION (APPA) NO.1004/2025 IN
                           CRIMINAL APPEAL NO.606/2025

                         Amol Narayan Nehare Vs. State of Maharashtra
.................................................................................................................................. .
Office Notes, Office Memoranda of
Coram, appearances, Court's orders                                                                        Court's or Judge's order
or directions and Registrar's orders
...................................................................................................................................................
                        Mr. A.D.Patil, Advocate for Applicant/Appellant.
                        Ms. Sneha Dhote, A.P.P. for Respondent/State.

                        CORAM :                 NEERAJ P. DHOTE, J.
                        DATED :                 12.01.2026


                        1.                      This is an application for suspension of sentence
                        imposed by the learned Additional Sessions Judge, Wardha,
                        in Sessions Case No.43/2015 by judgment and order dated
                        30.08.2024, convicting the applicant/appellant for the
                        offence punishable under Section 304 Part II read with
                        Section 34 of the Indian Penal Code and sentencing him to
                        suffer rigorous imprisonment for seven years and a fine of
                        Rs.70,000/-, in default of payment of fine, he shall suffer to
                        rigorous imprisonment for one year.

                        2.                      Heard                 learned                 Advocate                   for             the
                        applicant/appellant and learned APP for the State.

                        3.                      My attention is invited to the order dated
                        22.07.2025 passed by this Court in Criminal Appeal
                        No.265/2025 on Criminal Application No.475/2025, by
                        which the co-convict Maroti Laxman Nehare is granted bail
                        after suspending his sentence.
                                2                appa1004.2025.odt

4.            The case of the prosecution in brief is that due
to previous dispute, the applicant/appellant and co-convict
assaulted the deceased Roshan with an axe, a small crowbar,
stick and barked stick which caused his death.                The
observations in the aforesaid order show that the role
attributed to the co-convict Maroti was assault by crowbar.
The role attributed to the present applicant/appellant is
assault by barked stick. The applicant/appellant stands on
the same footing as that of the said co-convict Maruti
Nehare. The sentence imposed on the applicant/appellant is
term sentence of seven years. He was on bail during trial.
Hence, I proceed to pas the following order:-
                    ORDER

(i) The application is allowed.

(ii) The execution of the sentence vide order dated 30.08.2024 passed by the Additional Sessions Judge, Wardha in Sessions Case No.43/2015 is hereby suspended till final disposal of the appeal.

(iii) The appellant-Amol Narayan Nehare be released on bail on executing P.R.Bond in the sum of Rs.50,000/- (Rs. Fifty thousand) with one surety, in the like amount.

The application stands disposed of.

1. Heard.

2. Admit.

3. Learned APP waives service of notice for the State.

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4. Place the appeal before the Court after preparation of the paper book.

(NEERAJ P. DHOTE, J.) mukund ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 12/01/2026 17:01:22