Sagar Shriram Sindalkar Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Sagar Shriram Sindalkar Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation, till final disposal of Criminal Revision Application No. 159 of 2025, of the interim order dated 20-05-2025 suspending the substantive sentence; Criminal Application No. 1611 of 2025 disposed of; Criminal Revision Application No. 159 of 2025 admitted and listed after receipt of R & P.

Issue for consideration

Whether the interim order dated 20-05-2025 of this Court suspending the substantive sentence should be confirmed till the disposal of the criminal revision application. +1 more

Court's answer

The interim order dated 20-05-2025 of this Court suspending the substantive sentence is confirmed till the disposal of the criminal revision application.

Ratio / Principle

The criminal revision application is admitted; the learned APP waives service of notice for the respondents/State, and the matter is to be listed after receipt of R & P.

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Abhay J. Mantri, J.), 22-09-2025 — Criminal Application No. 1611 of 2025 in Revn/159/2025, with Criminal Revision Application No. 159 of 2025 — Sagar Shriram Sindalkar v. The State of Maharashtra. The applicant, convicted by the learned JMFC, Chakur in RCC No. 130/2018 by judgment and order dated 28-08-2023 for offences under Sections 354 and 341 IPC (one year and fine of Rs.5000/-, in default simple imprisonment for one month), had that conviction confirmed by the learned Additional Sessions Judge, Latur on 02-05-2025. He preferred revision against both orders and sought confirmation of this Court's interim order dated 20-05-2025 suspending the substantive sentence (he had been on bail during trial on PB and SB of Rs. 15,000/-), which the learned APP opposed. Held: (i) the interim order dated 20-05-2025 is confirmed till final disposal of the criminal revision application; (ii) the criminal application stands disposed of; (iii) the revision is admitted, notice waived by the APP, matter to be listed after receipt of R & P. Defence counsel's reliance on alleged ample admissions by PW-4 and the contention that both courts below erred were noted as submissions; no precedent was cited or discussed. Leave was granted to correct the date of the conviction order in the prayer clause.

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9criapln1611.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

9 CRIMINAL APPLICATION NO. 1611 OF 2025

IN REVN/159/2025

SAGAR SHRIRAM SINDALKAR

….Applicant

VERSUS

THE STATE OF MAHARASHTRA

…..Respondent WITH

CRIMINAL REVISION APPLICATION NO. 159 OF 2025

Mr. S. S. Panale, Advocate for the applicant Mr. R. K. Ingole, APP for the respondents/State

CORAM : ABHAY J. MANTRI, J. DATE : 22^nd SEPTEMBER, 2025

PER COURT :

Leave is granted to correct the date of the conviction order passed by the learned JMFC, Chakur, in the prayer clause.

The applicant/original accused has filed this application for suspension of substantive sentence imposed upon him vide judgment and order dated 28-08-2023 passed by learned JMFC, Chakur in RCC No. 130/2018 whereby he was sentenced for the offences punishable under Section 354 and 341 of the IPC for a period of one year and to pay fine of Rs.5000/- [Rupees Five Thousand Only] in default to suffer SI for one month. The learned Additional Sessions Judge, Latur, confirmed the said order vide order

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dated 02-05-2025. Against the said order, the applicant has preferred this revision, and in the revision, he has moved this application.

The learned advocate for the applicant submitted that the sentence was suspended, and the applicant, during the pendency of the trial, was released on bail on furnishing PB and SB of Rs. 15,000/-. Therefore, he urged that the interim order dated 20-052025 of this court of suspension be confirmed till the disposal of the revision application, for which the learned APP has objected.

On perusal of the record, it appears that this court, while passing the order on 20-05-2025, has considered in detail the submissions made by the learned advocate for the applicant and learned APP and thereafter passed the order.

It further appears that the applicant has preferred this revision application to challenge both orders. The appeal will take its own time to be finally decided. Similarly, the learned advocate for the applicant has pointed out the evidence of PW-4 on record and submitted that he gave ample admissions during his crossexamination. However, both the learned courts below have not considered the evidence in proper perspective and erred in passing the conviction order.

Having considered the aforesaid submissions as well as facts of the case and perusal of the record, in my opinion, it would be

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appropriate to confirm the order dated 20-05-2025 till final disposal of the criminal revision application. Hence, the order dated 20-052025 is hereby confirmed till the disposal of the criminal revision application.

The criminal application stands disposed of.

CRIMINAL REVISION APPLICATION

Heard the learned advocate for the applicant, learned APP and perused the record.

Having considered the grounds raised in the revision memo, the revision is ‘ admitted ’.

The learned APP waives service of notice for the

respondents/State.

List the matter after receipt of R & P.

[ABHAY J. MANTRI, J. ]

VishalK/9criapln1611.25.odt

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