Sakharam Narayan Rahate vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Sakharam Narayan Rahate vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the sentence awarded on 16/02/2023 (six months RI and fine of Rs. 4,000/- under S.325 IPC; three months RI and fine of Rs. 1,000/- under S.506 IPC; one month further RI in default of fine); applicant enlarged on bail on PR Bond of Rs.25,000/- with one solvent surety in the like amount before the Trial Court, subject to marking presence before the concerned Trial Court once in three months on the assigned date.

Issue for consideration

Whether the sentence awarded to the applicant in the impugned judgment and order dated 16/02/2023 in R.C.C. No. 32/2017 (endorsed in Cri. Appeal No. 5/2023) should be suspended while the criminal revision application remains pending.

Court's answer

Having heard both learned counsel and perused the impugned judgment, the Court found certain plausible grounds raised by the applicant; considering the short-term sentence awarded and the likelihood that disposal of the Revision may take a considerable period, the sentence deserved to be suspended.

Ratio / Principle

The sentence awarded in the judgment and order dated 16/02/2023 of the JMFC, Deorukh in R.C.C. No. 32/2017 is suspended pursuant to allowing the Interim Application.

Key takeaways

As a condition of suspension, the applicant is enlarged on bail on furnishing a PR Bond of Rs.25,000/- with one solvent surety in the like amount before the Trial Court.ratio¶¶33

Detailed headnote1 paragraphs

Criminal Interim Application No. 289 of 2026 in Criminal Revision Application No. 33 of 2026 — Suspension of sentence. The High Court of Judicature at Bombay, Circuit Bench at Kolhapur (Sachin S. Deshmukh J.), allowed the interim application filed by Sakharam Narayan Rahate seeking suspension of the sentence awarded by judgment and order dated 16/02/2023 of the learned Judicial Magistrate First Class, Deorukh in R.C.C. No. 32/2017, which had been endorsed by the Additional Sessions Judge, Ratnagiri in Cri. Appeal No. 5/2023. The applicant had been convicted vide Section 248(2) of the Code of Criminal Procedure, 1973 for offences punishable under Section 325 IPC (six months rigorous imprisonment and fine of Rs. 4,000/-) and Section 506 IPC (three months rigorous imprisonment and fine of Rs. 1,000/-), with one month further RI in default of fine. Finding that plausible grounds were raised by the applicant, and considering the short-term sentence and the likelihood that disposal of the Revision may take considerable time, the Court suspended the sentence, enlarged the applicant on bail on a PR Bond of Rs.25,000/- with one solvent surety in the like amount before the Trial Court, and directed the applicant to mark presence before the concerned Trial Court once in three months on the assigned date.

47-IA-289-2026 (CR).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 289 OF 2026

IN

CR. REVISION APPLN. NO. 33 OF 2026

Sakharam Narayan Rahate VERSUS

The State Of Maharashtra

Mr. Dipak Shingare a/w Ms. Poonam Dhotre a/w Mr. Rafik Kashid, Mr. Rakesh Rahate Advocate for Applicant Mr. P. P. Deokar, APP for the Respondent-State

CORAM : SACHIN S. DESHMUKH, J. DATE : 5^th MAY 2026.

P. C. :

Heard.

Issue notice. Learned A.P.P. waives service of notice for the respondent-State.

IRESH MASHAL

Digitally signed by IRESH MASHAL Date: 2026.05.06 18:59:15 +0530

The applicant seeks suspension of sentence awarded in judgment and order dated 16/02/2023 rendered by the learned Judicial Magistrate First Class, Deorukh in R.C.C. No. 32/2017 which is endorsed by Additional Sessions Judge, Ratnagiri in Cri. Appeal No. 5/2023.

The applicant is convicted and sentence awarded to the

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applicant is as under :

Accused Sakharam Narayan Rahate is hereby convicted vide Section 248(2) of the Code of Criminal Procedure, 1973 of the offence punishable under Section 325 of IPC and is sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 4,000/- (Rupees Four Thousand).

Accused Sakharam Narayan Rahate is hereby convicted vide Section 248(2) of the Code of Criminal Procedure, 1973 of the offence punishable under Section 506 of IPC and is sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs. 1,000/- (Rupees One Thousand). 4. In default of payment of fine, the accused shall suffer further rigorous imprisonment for one month.

Learned counsel for the applicant submits that the trial court's judgment is contrary to the law and the evidence on record. It is contended that the court erred in convicting the applicant. Hence, the impugned order is liable to be quashed and set aside.

It is contention of learned APP that prosecution has proved the case beyond reasonable doubt. The learned trial Court has rendered a well reasoned order and no interference is required in it. Hence, prayed to reject the application.

Having heard both learned counsel and perused the impugned judgment, I find that certain plausible grounds are raised by the

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47-IA-289-2026 (CR).doc

applicant and considering that the applicant is awarded a short-term sentence, coupled with the fact that disposal of the Revision may take a considerable period, the sentence deserves to be suspended. Hence, the order :

O R D E R

(i) The Interim Application is allowed.

(ii) The sentence awarded in judgment and order dated 16/02/2023 rendered by the learned Judicial Magistrate First Class, Deorukh in R.C.C. No. 32/2017 is hereby suspended.

(iii) The applicant be enlarged on bail on furnishing PR Bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand), and one solvent surety, in the like amount, before the Trial Court.

(iv) Applicant shall mark presence before the concerned Trial Court, once in three months on the date assigned by the concerned Court.

(v) The criminal interim application is disposed of accordingly.

[SACHIN S. DESHMUKH, J.]

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