Bombay High Court

SUDARSHAN CHANDRASHEKHAR DESHMUKHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The High Court allowed the application, granting bail and suspending the sentences pending the appeal.

Summary

The applicant, Sudarshan, was convicted by the Additional Sessions Judge, Kaij, of offences under Sections 353, 332 and 504 of the Indian Penal Code, receiving simple imprisonment of six months, three months and corresponding fines, all of which were suspended by the trial court. During the trial he was released on bail and did not misuse his liberty. He filed a criminal application seeking bail pending appeal, arguing that the sentences were short and he posed no flight risk. The High Court, after hearing counsel for both sides, held that the short duration of the sentences justified release on bail and ordered the suspension of the substantive sentences until the appeal is decided. Consequently, the court granted bail on the condition of a cash bond and surety of Rs.30,000 and directed that the suspended sentences remain in force pending the appeal.

Issues considered

Whether the applicant is entitled to bail pending the appeal against his conviction and sentence
Whether the substantive sentences should be suspended pending the appeal

Legislation cited

Indian Penal Code, 1860 — s. 332, 353, 504

Subjects

bail
criminal appeal
suspension of sentence
IPC
simple imprisonment
court order

Judgment

2026:BHC-AUG:22015


                                             (1)                      appln-1971-2026


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                          CRIMINAL APPLICATION NO.1971 OF 2026
                                           IN
                              CRIMINAL APPEAL NO.407 OF 2026

                      SUDARSHAN S/O CHANDRASHEKHAR DESHMUKH
                                             VERSUS
                                THE STATE OF MAHARASHTRA
                                                …
                 Mr. Mahesh Kale h/f Mr. Rajeev T. Deshmukh, Advocate for
                 Applicant.
                 Mr. A. A. A. Khan, APP for Respondents-State.
                                                ...
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                               (VACATION COURT)
                                       DATE : 28th MAY, 2026.

                 P.C:-

                 1.      Heard learned Advocate appearing for applicant and

                 learned APP appearing for respondent/State.


                 2.      The applicant has been convicted for offence punishable

                 under Sections 353 and 332 of Indian Penal Code and sentenced

                 to suffer simple imprisonment for period of six months

                 respectively with fine and Section 504 of Indian Penal Code and

                 sentenced to suffer simple imprisonment for period of three

                 months with fine.       The substantive sentence imposed upon

                 applicant is suspended by Trial Court.


                 3.      Perusal of record indicates that applicant was enlarged on

                 bail during course of trial. He has not misused liberty.
                              (2)                     appln-1971-2026


4.      Considering short sentence, case is made out to release him

on bail pending Appeal. In result, following order is passed:

                                   ORDER

a.      Criminal Application is allowed.

b.      The substantive sentence imposed on applicant vide

judgment and order dated 09.04.2026 passed by Additional

Sessions Judge, Kaij, Dist. Beed in Sessions Case No.25/202,

whereby he has been convicted for offence punishable under

Section 353 and 332 of Indian Penal Code and sentenced to

undergo Simple Imprisonment for six months and to pay total fine

of Rs.2000/-, in default, to suffer Simple Imprisonment for fifteen

days and Section 504 of Indian Penal Code and sentenced to

undergo Simple Imprisonment for three months and to pay fine of

Rs.500/-, in default, to suffer Simple Imprisonment for ten days,

are suspended till conclusion of Appeal.

c.      The applicant be released on bail on executing P.B. and S.B.

of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent

surety in like amount.


d.      Bail before trial Court.


                                       (S. G. CHAPALGAONKAR)
                                                JUDGE

Devendra/May-2026

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