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