Bombay High Court

GANESH KRUSHNADEV PAWAR AND ANR.versusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The Court confirmed the suspension of the sentence during the pendency of the appeal, subject to bond and compliance conditions.

Summary

The applicants, Ganesh Krushnadev Pawar and Yogesh Popat Godase, were convicted under Sections 353, 332 and 504 of the Indian Penal Code and sentenced to rigorous imprisonment and fines. They filed an interim application seeking a stay of the execution of the judgment dated 09.01.2026 pending the hearing of a revision application. The High Court had earlier, on 11 February 2026, suspended the sentence on the ground that the applicants were on bail during trial. The respondent argued that the earlier suspension rendered the interim application moot. The Court confirmed the earlier order, directing the applicants to execute a personal bond of Rs.15,000 each, appear regularly before the Court, and furnish their residential details to the investigating officer, thereby disposing of the interim application.

Issues considered

Whether the interim application for suspension of the sentence pending the appeal should be granted in view of the earlier order suspending the sentence.

Legislation cited

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

Subjects

suspension of sentence
interim application
criminal appeal
IPC sections 353, 332, 504
bond
bail

Judgment

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925-IA-96-2026(CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 96 OF 2026
IN
CR. APPEAL NO. 29 OF 2026

1. Ganesh Krushnadev Pawar
2. Yogesh Popat Godase …...Applicants
VERSUS
The State Of Maharashtra …...Respondent

_________________________________________________________________

Mr. Shankar Katkar a/w Ms. Tanaya Doke, for Applicants.
Mr. C. D. Mali, APP, for the Respondent-State.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
DATE : 9th SEPTEMBER, 2026.
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.09
21:42:59
+0530
P.C.

1. Heard Mr. Shankar Katkar, learned Advocate for the Applicants

and Mr. C. D. Mali, learned A.P.P. for the Respondent-State.

2. By the present Application, the Applicants have sought the

following relief:

“a) Pending the hearing and final disposal of the Revision
Application, the operation, effect and execution of
Judgment and order dated 09.01.2026 passed by the
Additional Sessions Judge, Malshiras in Sessions Case No.62
of 2019 may be stayed / suspended and the Applicants may

Shantanu S. Dhudum
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925-IA-96-2026(CR).DOC

kindly be released on bail on such terms and conditions as
this Hon’ble Court may deem fit and proper.”

3. On 11th February, 2026 the following order was passed:

“1. Leave is granted to amend the Appeal memo. Call for
the record and proceedings within a period of one week.

2. The Applicant has filed the present Appeal along with an
Application for suspension of sentence. The Applicant has
been convicted for the offenses punishable under Section
353 of the Indian Penal Code and sentenced to suffer
rigorous imprisonment for two years and to pay a fine of
Rs. 2,000/-, in default of payment of fine, to suffer simple
imprisonment for two months; under Section 332 of the
IPC and sentenced to suffer rigorous imprisonment for two
years and to pay a fine of Rs. 2,000/-, in default of payment
of fine, to suffer simple imprisonment for two months; and
under Section 504 of the IPC and sentenced to suffer
rigorous imprisonment for six months and to pay a fine of
Rs. 1,000/-, in default of payment of fine, to suffer simple
imprisonment for two months.

3. Since the Applicant was on bail during the trial, the
sentence is suspended till today. Accordingly, the sentence
stands suspended during the period of appeal.

4. Issue notice to Respondent, returnable on 11th March
2026.”

4. Mr. C. D. Mali, learned A.P.P. for the Respondent-State submits

that as the sentence has been suspended by this Court vide order dated 11 th

February, 2026, this Application may be disposed of.

Shantanu S. Dhudum
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925-IA-96-2026(CR).DOC

5. In view of the above, the order dated 11th February, 2026 is

hereby confirmed with the following conditions:

(a) During the pendency of the Criminal Appeal No,29 of 2026, the

sentence of imprisonment imposed upon the Applicants by the

impugned Judgment and order dated 09/01/2026, passed by the

Additional Sessions Judge, Malshiras in Sessions Case No.62 of

2019, is suspended and the Applicants are directed to execute

P.R. bond in the sum of Rs.15,000/-, each with one or two

sureties, in the like amount, to the satisfaction of the Additional

Sessions Judge, Malshiras.

(b) Applicants shall regularly appear before this Court as and when

the Criminal Appeal No,29 of 2026 is listed on the Cause List.

Investigating Officer, Akluj Police Station, their residential address

with proof, the contact numbers and must inform the

Investigating Officer about the change in the same from time to

time.

6. Interim Application No.96 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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