Bombay High Court

SHAMRAO GOROBA WAGHMAREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court held that the sentence should be suspended until the final decision on the revision application.

Summary

Shamrao Goroba Waghmare was originally acquitted by the JMFC, Latur for offences under Sections 354 and 323 IPC, but the informant filed an appeal under Section 378 of the CrPC. The Sessions Judge partially allowed the appeal, convicting him under Section 354 IPC and sentencing him to one year of rigorous imprisonment and a fine of Rs.5,000. The applicant filed a revision application seeking suspension of the sentence pending the final decision on the revision. The High Court, noting that the applicant was on bail, had not misused his liberty, and that there were strong grounds for the revision, allowed the application, suspending the sentence and ordering his release on a personal bond of Rs.25,000 with a surety. The revision application is to be listed on 22‑09‑2026.

Issues considered

Whether a sentence imposed by a Sessions Court can be suspended pending the final decision on a revision application under Section 378 of the CrPC.

Legislation cited

Code of Criminal Procedure, 1973 — s. 378
Indian Penal Code, 1860 — s. 323, 354

Subjects

revision application
suspension of sentence
IPC 354
CrPC Section 378
bail
personal bond

Judgment

2026:BHC-AUG:41370
                                                 (1)                912criapln1190.25




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        912 CRIMINAL APPLICATION NO. 1190 OF 2025
                                    IN REVN/113/2025
                                     Shamrao Goroba Waghmare
                                                                         ….Applicant
                                              VERSUS

                               The State Of Maharashtra And Another
                                                                       …..Respondents


                Mr. S. C. Swami, Advocate for the Applicant
                Mr. Madhukar A. Aher, APP for the respondents/State

                                        CORAM : SUSHIL M. GHODESWAR, J.
                                           DATE : 04th SEPTEMBER, 2026


                PER COURT :

                1.          This is an application for suspension of sentence awarded

                by the learned Sessions Judge, Latur in Criminal Appeal No. 03/2018

                vide judgment and order dated 03-03-2025.

                2.          Mr. Swami, learned Advocate for the Applicant submits

                that the Applicant was initially prosecuted for the offences punishable

                under Sections 354 & 323 in RCC No.460/2016 before the learned

                JMFC, Latur. After recording the evidence and hearing the parties said

                learned JMFC was pleased to acquit him vide judgment and order

                dated 09-10-2017. However, the informant has preferred the Appeal

                under Section 378 of the Cr. P. C. which came to be partly allowed on


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03-03-2025. The learned Sessions Judge vide impugned judgment and

order dated 03-03-2025 was pleased to convict the Applicant for the

offences punishable under Section 354 of the IPC thereby sentencing

him to suffer rigorous imprisonment for one year and to pay fine of

Rs.5000/- in default to suffer simple imprisonment for six months.

Learned Advocate for the Applicant submits that as per judgment and

order passed by the learned Sessions Court he has deposited the fine

amount. He submits that there are strong and valid grounds in the

instant revision application and there are bright chances of succeeding

in the Revision Application. The Applicant was on bail during lower

Court proceeding and has not misused his liberty. He, therefore,

submits that the Revision Application cannot be finally heard at the

stage of admission. Hence, during pendency of this Revision

Application, the sentence imposed by the learned Sessions Court be

suspended till final decision on the instant Revision Application.

3.          In that view of the matter, the Application is allowed.

4.          The substantive sentence imposed by the learned Sessions

Court by order dated 03-03-2025 is hereby suspended till the final

decision on the instant Revision Application.

5.          The Applicant be released on furnishing PR bond of

Rs.25,000/- [Rupees Twnety Five Thousand Only] along with one


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surety in the like amount before the trial court.

6.               Put up the Revision Application on 22-09-2026.



                                   [SUSHIL M. GHODESWAR, J. ]
VishalK/912criapln1190.25




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