Bombay High Court
K R PRABHUversusSHRI SAMARTH PAPER AND BOARD MILL
- Decided
- Disposal
- Disposed Off
Holding
The application was dismissed as infructuous because the main appeal had already been disposed of.
Summary
K.R. Prabhu filed a criminal application challenging an order dated 30 June 2025 that suspended his imprisonment sentence pending the decision of the main appeal, subject to a 25% compensation deposit. The applicant argued that the main appeal (Criminal Appeal No.699 of 2024) had already been disposed of, rendering the suspension order moot. The court examined whether the pending application could still be entertained after the disposal of the main appeal. Finding that the appeal was concluded, the court held that the application had become infructuous. Consequently, the application was dismissed as infructuous.
Issues considered
- Whether a criminal application challenging a suspension of sentence remains maintainable when the main appeal to which it is linked has been disposed of
Subjects
- criminal procedure
- suspension of sentence
- appeal disposal
- infructuous application
- sentence suspension order
Judgment
20.APL-1232.25.DOC
Digitally signed
by PRACHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.10.06
CRIMINAL APPELLATE JURISDICTION
16:27:32 +0530
CRIMINAL APPLICATION NO. 1232 OF 2025
K. R. Prabhu … Applicant
V/s.
Shri Samarth Paper and Board Mill & Anr. …. Respondents
______________________
Ms. Sanskruti More i/by Auris Legal, for the Applicant.
Ms. S. M. Yadav, APP for the Respondent-State.
Ms. Vaishnavi Javheri i/by Mr. D. M. Galani for Respondent No.2.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 5 OCTOBER 2026
P. C. :-
1. The challenge in this criminal application is to the order
dated 30 June 2025 passed by the learned Additional Sessions
Judge, City Civil and Sessions Court at Mazgaon, Mumbai in
Criminal Miscellaneous Application No.2399 of 2024 by which
substantive sentence of imprisonment imposed by the learned Trial
Court is suspended till the decision of the main Appeal subject to
deposit of 25% of the compensation amount.
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20.APL-1232.25.DOC
2. However, learned counsel appearing for the Applicant states
that the said Criminal Appeal No.699 of 2024 is disposed of and,
therefore, this application has become infructuous.
3. Accordingly, Criminal Application is disposed of as
infructuous.
[MADHAV J. JAMDAR, J.]
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