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Nisha Dharmendra Gajbhiye v. State of Maharashtra Thr Pso Ps Pardi, Nagpur

Bombay HC10 Feb 2025APPA/136/2025

Case brief

AI extract

What is this about?

Suspension of sentence and release on bail pending appeal; conviction under Section 201 IPC with rigorous imprisonment four years and fine Rs.5000/-; order dated 27/11/2024 by District Judge-11 and Additional Sessions Judge, Nagpur in Sessions Case No.475/2022; Criminal Application No.136 of 2025 in Criminal Appeal No.74 of 2025; P.R. Bond Rs.25,000 with one surety; fine deposit condition within two weeks; appeal admitted, R&P called; Urmila Joshi-Phalke J.; Bombay High Court Nagpur Bench; decision dated 10 February 2025.

What did the court decide?

Suspension of execution of the sentence till final disposal of the appeal and release of the appellant on bail on a P.R. Bond of Rs.25,000/- with one surety in the like amount, conditioned on deposit of the fine of Rs.5000/- within two weeks. ¶17

Nisha Dharmendra Gajbhiye Vs State of Maharashtra Thr Pso Ps Pardi, Nagpur — Bombay HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION NO.136 OF 2025 IN

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CRIMINAL APPEAL NO.74 OF 2025

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(Nisha Dharmendra Gajbhiye Vs. State of Maharashtra)

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. A.K. Dobade, Advocate for the appellant. Mr. C.A. Lokhande, APP for the State.

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CORAM:- URMILA JOSHI-PHALKE, J. DATED :- FEBRUARY 10, 2025

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By this application, the appellant is seeking suspension of sentence and releasing her on bail.

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Learned Counsel for the appellant submitted that the appellant is convicted of the offence punishable under Section 201 of Indian Penal Code and sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.5000/-. The fine amount is yet to be paid. He pointed out from the impugned judgement that he has many arguable points in the present appeal. Moreover, the punishment imposed is of a limited period, if sentence is executed then the appeal will become infructuous. In view of that, he prays for suspension of sentence and releasing the appellant on bail.

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Learned Additional Public Prosecutor strongly opposed the application and submitted that the appellant has not deposited the fine amount. Moreover, the appeal

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itself is devoid of merits, and therefore, the application deserves to be rejected.

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I have heard learned Counsel for both the parties and perused the impugned judgement from which the learned Counsel for the appellants has pointed out that he has many arguable points in the present appeal and there is every chance of success. However, the appeal would take its own time for its final decision, moreover the punishment imposed is of a limited period. In view of that, the application deserves to be allowed on depositing the fine amount of Rs.5000/- within two weeks. Accordingly, I proceed to pass following order :

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(i) The application is allowed.

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(ii) The execution of the sentence vide order dated 27/11/2024 passed by the District Judge-11 and Additional Sessions Judge, Nagpur in Sessions Case No.475/2022 is hereby suspended till final disposal of the appeal.

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(iii) The appellant - Nisha Dharmendra Gajbhiye be released on bail on executing P.R. Bond in the sum of Rs.25,000/(Rs. Twenty five thousand) with one surety, in the like amount.

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(iv) The appellant shall deposit the fine amount of Rs.5000/- within two weeks.

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