GANESH SHISHUPAL KADAMversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:38966


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                                                  -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                           903 CRIMINAL APPLICATION NO. 1738 OF 2026
                                      IN APPEAL/318/2026

                 Ganesh s/o Shishupal Kadam
                 Age: 34 years, Occu.: Labour,
                 R/o. Karepur, Tq.Renapur,
                 District Latur.                            ….Applicant

                               Versus

                 The State of Maharashtra
                 Through Police Inspector,
                 Chakur Police Station,
                 Tq.Chakur, District Latur.                 …..Respondent

                                                  …..
                 Mr.P. P.More , Advocate for Applicant.
                 Mrs.A.S.Mantri, APP for Respondent.
                                                 …..


                                          CORAM :       ABHAY S. WAGHWASE, J.

                                          Reserved on       : 28-08-2026
                                          Pronounced on     : 29-08-2026

                 ORDER :


                 1.    Instant application is for suspension of sentence and grant of

                 bail as result of Judgment and order dated 08-12-2025 passed by

                 learned Additional Sessions Judge-1, Latur,      thereby convicting

                 applicant for offence under Sections 326, 506 of the Indian Penal

                 Code (IPC).



                 2.    Learned Counsel for the applicant would submit that
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present applicant was tried by learned Additional Sessions

Judge-1, Latur vide Sessions Case No.57 of 2021 for offences

under Sections 307, 323, 504 and 506 of the IPC, and by

judgment and order dated 08-12-2025 conviction came to be

recorded for offence under Sections 326 and 506 of the IPC.

That, the applicant came to be acquitted for offence under

Sections 323, 504 of the IPC.      That, the conviction was taken

exception to by filing Criminal Appeal No.318 of 2026, but it

being recent one, it would not be heard and decided in near

future. That, the maximum sentence awarded is of five years.

That, applicant was on bail during the trial. Thus, during

pendency of appeal, prayers for suspension of sentence and grant

of bail are urged for.

      Learned counsel for the applicant relied on the judgment of

the High Court of Karnataka dated 20-02-2024, passed in

Criminal Appeal No.1328 of 2012 in the case of Sri Junaid B. s/o

Moosa v. The State of Karnataka.




3.    Above application is opposed by learned APP on the

ground that serious offence has been committed. That, after full-
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fledged trial, conviction has been recorded. Therefore, she prays

to reject the prayers.




4.      Here, it seems that prosecution was launched against

present applicant for commission of offence under Sections 307,

323, 504 and 506 of the IPC. Applicant came to be convicted for

offence under Section 326 and 506 of the IPC.              Maximum

sentence awarded by the trial Court is of five years. The appeal

is filed against the said conviction and as the appeal is of 2026,

there are no immediate prospects of hearing the same. Applicant

was on bail during trial. Fine amount is already paid.

Resultantly, in the light of above discussion, application deserves

to be allowed. Hence, following order :



                                 ORDER

I.    The Criminal Application is allowed.


II.   The substantive sentence imposed on the applicant Ganesh s/o
      Shishupal Kadam by the Additional Sessions Judge-1, Latur on
      08-12-2025, stands suspended till the final hearing and disposal
      of Criminal Appeal No.318 of 2026.
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                                    -4-

III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
      Fifteen Thousand only) with two solvent sureties in the like
      amount.


IV. The applicant shall not commit any criminal activity.


V.    The applicant shall remain present before the learned trial Judge
      once in six months, till final hearing and disposal of the appeal,
      commencing from the date he tenders bail papers and thereafter,
      the trial Judge to fix dates for his subsequent appearances.


VI. In case of two consecutive defaults on the part of the applicant to
      remain present before the trial Court, the trial Court to inform
      this Court about the same and in that eventuality, the prosecution
      would be at liberty to file an application for cancellation of bail
      granted to the applicant.


VII. Bail before the trial Court.



                                            [ABHAY S. WAGHWASE, J.]
SPT