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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.




                                                          Page 1
                        PPN
                                                      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.]




                                Page 2
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