KHUNMIR ABDUL SAIFBANGI AND OTHERSversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:6895


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                         IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                    BENCH AT AURANGABAD

                          914 CRIMINAL APPLICATION NO. 673 OF 2026
                          IN CRIMINAL REVISION APPLICATION/62/2026
                                            WITH
                        CRIMINAL REVISION APPLICATION NO. 62 OF 2026

                1.    Khunmir Abdul Saifbangi,
                      Age : 36 years, Occu. Agri.,

                2.    Jafar Abdul Saifbangi,
                      Age : 38 years, Occu. Agri.,

                3.    Abdul Karim Abdulsaif Bangi
                      Age : 47 years, Occu. Agri.,
                      All R/o. Murum, Taluka Omerga,
                      District Dharashiv.                     ... Applicants
                                                  [Orig. Accused Nos. 1 to 3]
                             Versus

                      The State of Maharashtra,
                      Through Murum Police Station,
                      Taluka Omerga, District Osmanabad.       ... Respondent
                                                  ...
                Advocate for Applicant : Mr. Someshwar Sanjay Birajdar
                APP for Respondent-State : Mr. S. M. Ganachari
                                                  ...

                                          CORAM :          ABHAY S. WAGHWASE, J.
                                          DATED :          17.02.2026

                ORDER :

                1.    Heard.


                2.    Issue notice to the respondent-State. Learned APP waives notice

                for the respondent-State in the application for suspension of sentence

                as well as the criminal revision application.
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3.      Criminal Application No. 673 of 2026 is for suspension of

sentence awarded by learned J.M.F.C., Omerga by judgment and

order dated 15.03.2017 passed in R.C.C. No. 172 of 2013, which is

confirmed by learned Additional Sessions Judge, Omerga by judgment

and order dated 12.02.2026 passed in Criminal Appeal No. 7 of 2017,

and for grant of bail.



4.      Learned counsel pointed out that, present applicants were tried

vide R.C.C. No. 172 of 2013 for commission of offence under Sections

354, 323, 504 r/w 34 of IPC and they came to be convicted by

learned    trial   court   sentencing    them   to    suffer   two   years'

imprisonment. That, said order was challenged before the Court of

Additional Sessions Judge, Omerga but the same came to be

dismissed and thereby order of conviction has been confirmed. He

pointed out that, against the same, applicants have preferred revision

before this Court recently. That, there are no prospects of hearing the

revision in near future. He pointed out that, during the proceedings

before both the courts below, applicants were on bail. He further

pointed out that there was no fine imposed. Consequently, during

pendency of revision, he urged to suspend the sentence and grant

bail.
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5.     Learned APP opposed on the ground that, there are concurrent

findings affirming the conviction and therefore, he prayed to refuse

the relief.



6.     On going through the papers, it is emerging that, applicants

were tried by learned JMFC, Omerga vide R.C.C. No. 172 of 2013 for

commission of offence under Sections 354, 323, 504 r/w 34 of IPC

and vide judgment dated 15.03.2017, learned trial court held the

charges proved and convicted and sentenced applicant to suffer

rigorous imprisonment for two years without fine. Attempt of

questioning above judgment in appeal bearing Criminal Appeal No. 7

of 2017 seems to have gone futile as the appeal was dismissed by

judgment and order dated 12.02.2026, against which revision seems

to have been preferred before this Court and the same is pending.



7.     Statement is made across the bar that applicants were on bail

during proceedings before both the courts below, i.e. learned trial

court as well as learned first appellate court. There is no adverse

remark of misuse of liberty. Therefore, as there are no immediate

chances of hearing the revision, application deserves to be allowed.

Hence the following order :
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                                  ORDER



I.     Criminal Application No. 673 of 2026 is allowed.


II.    The sentence imposed on the applicants by learned J.M.F.C.,
Omerga, District      Dharashiv vide        judgment and order dated
15.03.2017 passed in R.C.C. No. 172 of 2013, which is confirmed by
learned Additional Sessions Judge, Omerga, District Dharashiv by
judgment and order dated 12.02.2026 passed in Criminal Appeal No.
7 of 2017, stands suspended till final hearing and disposal of Criminal
Revision Application No. 62 of 2026.


III.   The applicants be released on P.R. Bond of Rs.15,000/- (Rupees
Fifteen Thousand only) each, with one solvent surety by each in the
like amount.



IV.    Bail before the trial court.


V.     Criminal Application No. 673 of 2026 is accordingly disposed

off.



VI.    Criminal Revision Application to be listed as per its turn.



                                              [ABHAY S. WAGHWASE, J.]



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