Bombay High Court
GANESH SHAMRAO KHARATversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court may suspend a short-term sentence under Cr.P.C. s.389(1) pending appeal when the appellant is on bail and the fine has been paid.
Summary
Ganesh Shamrao Kharat, convicted in Sessions Case No. 14/2019, sought suspension of his short-term imprisonment under an interim application, claiming the fine was paid and he was on bail. The State opposed, asserting the conviction was proven beyond reasonable doubt. The Court noted that a full merits review would be appropriate at the final hearing and, invoking its power under Cr.P.C. s.389(1), decided to suspend the sentence pending appeal. It ordered the applicant to be released on bail upon furnishing a personal bond and surety, and to report quarterly to the Additional Sessions Judge. The interim application was therefore allowed, and the sentence suspended.
Issues considered
- Whether the court can suspend a short-term sentence under Cr.P.C. s.389(1) pending the final disposal of an appeal
- Whether bail can be granted after suspension of the sentence
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389(1)
Subjects
- suspension of sentence
- interim application
- criminal appeal
- bail
- CrPC section 389
- short-term imprisonment
Judgment
1
51-IA-105-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 105 OF 2026
IN
CR. APPEAL NO. 1008 OF 2025
Ganesh Shamrao Kharat
VERSUS
The State Of Maharashtra
Mr. Rahul P Kasbekar, Advocate for Applicant
Mr. Nitin B. Patil APP for the State
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH 2026.
P.C.
1. Heard the learned counsel for the applicant and the learned app
for the respondent-State.
2. By this application, the applicant is seeking suspension of
sentence imposed upon him by the Additional Sessions Judge, Vaduj
vide Judgment and Order dated 26/06/2025 in Sessions Case No.
14/2019.
3. Learned counsel for the applicant submits that the fine amount
is deposited. The applicant was on bail during the pendency of the
trial. If the applicant released on bail, he will not misuse the liberty.
Hence, prayed to allow the application.
4. It is contention of learned APP that the prosecution has proved
the case beyond reasonable doubt. The Trial Court has rendered a
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51-IA-105-2026 (CR).DOC
well reasoned order. As such, no interference is warranted. Hence,
prayed to reject the application.
5. Having heard the matter at length, learned counsel for the
applicant has advanced various submissions, touching the merits of
the case and alleged infirmities in the order under challenge. Those
submissions at this stage have been noted.
6. However, this Court is of the view that a detailed examination
of those aspects would necessarily require appreciation of the entire
evidence on record which would be more appropriately taken at the
stage of final hearing. Therefore, without expressing any opinion on
the merits of the case and keeping all issues open for consideration at
the time of final disposal of appeal, I am inclined to exercise power
under section 389(1) of the Cr.P.C.
7. Moreover, it is unlikely that the appeal will be heard and
concluded in the near future. Considering that the sentence imposed
upon the applicant is a short term sentence, I pass following order:
ORDER
I. The interim application is allowed.
II. The substantive sentence of imprisonment imposed upon the
applicant by the Additional Sessions Judge, Vaduj vide
Judgment and Order dated 26/06/2025 in Sessions Case No.
14/2019, is hereby suspended.
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51-IA-105-2026 (CR).DOC
III. The applicant Ganesh Shamrao Kharat be enlarged on bail on
furnishing P.R. Bond in the sum of Rs. 10,000/- (Rs. Ten
thousand only) and one solvent surety in the like amount.
IV. Applicant shall mark his presence before Additional Sessions
Judge, Vaduj once in three months on the date assigned by the
concerned court.
(SACHIN S. DESHMUKH, J.)
IRESH Digitally signed by
IRESH MASHAL
MASHAL Date: 2026.03.26
19:06:31 +0530
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