Bombay High Court

NAGORAO ALIAS NAGNATH BHIMRAO LANDEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The sentence awarded by the trial court and confirmed by the Additional Sessions Judge is to be suspended, and the applicant released on a personal bond of Rs.25,000 with one surety.

Summary

The High Court of Bombay, Aurangabad bench, considered a criminal application seeking suspension of the sentence imposed on Nagorao alias Nagnath Bhimrao Lande. He had been convicted by the Judicial Magistrate First Class, Palam, under IPC sections 354, 354‑A(2) and 323 and sentenced to imprisonment of one year, six months and one month respectively, together with fines. The conviction was affirmed by the Additional Sessions Judge, and the applicant was in custody. The applicant filed a criminal revision application, arguing that there were strong grounds and a chance of success, and prayed for suspension of the substantive sentence pending the revision. The Court, after hearing counsel, held that the sentence should be suspended and ordered the applicant’s release on a personal bond of Rs.25,000 with one surety. The application was allowed.

Issues considered

Whether the sentence awarded by the trial court and confirmed by the Additional Sessions Judge can be suspended pending the disposal of the criminal revision application
Whether the applicant is entitled to release on a personal bond with surety during the pendency of the revision

Legislation cited

Indian Penal Code, 1860 — s. 323, 354, 354-A(2)

Subjects

criminal revision
suspension of sentence
IPC
section 354
section 354-A
section 323
personal bond
bail

Judgment

2026:BHC-AUG:38957




                                                 -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                         903 CRIMINAL APPLICATION NO. 3550 OF 2026
                                     IN REVN/261/2026

                        NAGORAO ALIAS NAGNATH BHIMRAO LANDE
                                         VERSUS
                               THE STATE OF MAHARASHTRA
                                          WITH
                      CRIMINAL REVISION APPLICATION NO. 261 OF 2026

                          NAGORAO ALIAS NAGNATH BHIMRAO LANDE
                                         VERSUS
                               THE STATE OF MAHARASHTRA

              Mr.Sharad S.Solanke, Advocate for the Applicant.
              Mr.A.A.A.Khan, APP for the Respondent/State.

                                   ( CORAM : SUSHIL M. GHODESWAR, J. )

                                      DATE : 27th AUGUST, 2026

              PER COURT :


              1.             Heard the learned Advocate for the Applicant and the

              learned APP.



              2.             This is an application for suspending the sentence awarded

              by the judgment dated 08.04.2019, passed by the learned J.M.F.C. in

              RCC No.98/2017, wherein the Applicant came to be convicted u/s 354,

              354-A(2) and 323 of the IPC and sentenced to suffer imprisonment of

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                                   -2-

one year and to pay fine of Rs.1,000/- for the offence u/s 354, to suffer

imprisonment of 6 months and to pay fine of Rs.1,000/- for the offence

punishable u/s 354-A(2) and to suffer imprisonment of 1 month and to

pay fine of Rs.500/- for the offence punishable u/s 323 of the IPC.



3.             The said conviction was challenged by the Applicant before

the learned Additional Sessions Judge, Gangakhed, Dist.Parbhani vide

Criminal Appeal No.14/2019.       The learned Additional Sessions Judge,

vide impugned judgment dated 14.08.2026, dismissed the appeal. In

pursuance to the order passed by the learned Sessions Judge, the

Applicant has surrendered before the Sessions Court and he is in

custody.



4.             The learned Advocate for the Applicant submits that there

are strong and valid grounds raised in the Criminal Revision Application

and there are chances of succeeding in the matter.    Hence, he submits

that during the pendency of the CRA, the substantive sentence of the

Applicant may kindly be suspended.



5.             Considering the above, I am convinced that the sentence


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                                    -3-

imposed by the learned Trial Court and confirmed by the learned

Additional Sessions Judge, needs to be suspended. Hence the Criminal

Application stands allowed.      The substantive sentence awarded by the

learned J.M.F.C. Palam is hereby suspended and the Applicant be

released on furnishing PR bond of Rs.25,000/- alongwith one solvent

surety before the Trial Court.

       CRIMINAL REVISION APPLICATION NO. 261 OF 2026

6.             Admit. Call for R & P.



7.             Leave to add the victim as a Respondent.     Addition be

carried out within a period of one week.         After carrying out the

necessary amendment, issue notice to the added Respondent. The

concerned Police Station is hereby directed to serve the added

Respondent and to submit the report of service to the Office of the

learned Public Prosecutor, Aurangabad on or before 10.09.2026.



                                        ( SUSHIL M. GHODESWAR, J.)




khs/Aug.2026/3550

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