Bombay High Court
SHIVAJI NARAYAN KASALversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The sentence imposed on the applicant is suspended until the final hearing and disposal of the criminal revision petition.
Summary
Shivaji Narayan Kasal was convicted under IPC sections 324, 341, 504 r/w 149, 143, 148 and fined by the trial court on 24 March 2022, a conviction that was upheld by the Additional Sessions Judge, Beed on 7 May 2026. Kasal had been on bail throughout the trial and the appeal, but was later arrested for non‑appearance and began serving his sentence. He filed a criminal revision seeking suspension of the sentence pending final disposal of the revision petition. The court noted that Kasal had made a prima facie case for suspension, given his bail status and the pending nature of the revision. Accordingly, the court allowed the revision application, suspended the substantive sentence until the final hearing, and ordered his release on a personal bond of Rs.15,000 with a surety.
Issues considered
- Whether a sentence imposed on an accused who was on bail during trial and appeal can be suspended pending the final disposal of a criminal revision petition.
Legislation cited
- Indian Penal Code, 1860 — s. 143, 148, 324, 341, 504 r/w 149
Subjects
- bail
- sentence suspension
- criminal revision
- IPC sections 324, 341, 504, 143, 148, 149
- conviction
- appeal
- release on bond
Judgment
2026:BHC-AUG:21963
1 of 3 praecipe-Cri.Revn.147.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1886 OF 2026
IN
CRIMINAL REVISION APPLICATION NO.147 OF 2026
SHIVAJI NARAYAN KASAL
VERSUS
THE STATE OF MAHARASHTRA
…
Mr. N. B. Narwade, Advocate for the Applicant.
Mr. B. V. Virdhe, APP for Respondent-State.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
(VACATION COURT)
DATE : 21st MAY, 2026
P.C.:-
1. Heard.
2. Issue notice to respondent – State. Learned APP waives
service of notice on behalf of the respondent – State.
3. The learned Advocate for the Applicant submits that, the
Applicant was on bail during the trial as well as during the Appeal
period. The Applicant has not misused the liberty granted by the Trial
Court as well as the Appellate Court. The learned Trial Court convicted
the Applicant by the Judgment and Order dated 24.03.2022 passed in
R.C.C. No.56/2013 for the offences punishable under Sections 324,
341, 504, 143, 148 and 149 of the Indian Penal Code (in short, ‘I.P.C.’)
with fine. The conviction recorded by the learned Trial Court was
upheld by the learned Additional Sessions Judge, Beed (Appellate
2 of 3 praecipe-Cri.Revn.147.2026
Court) in Criminal Appeal No.30/2022 by the Judgment and order
dated 07.05.2026.
4. Considering the fact that, the Applicant was on bail during
the Trial as well as during the pendency of Appeal, however, due to his
absence, he was arrested on NBW and sent to the jail. Since then, he
his behind the bars. The Applicant has undergone considerable part of
his sentence. The present revision application is recent one and it
would take considerable time to be decided finally. The Applicant has
made out prima-facie case for suspension of his sentence during the
pendency of this revision petition. Therefore, I am inclined to suspend
the sentence awarded by the learned Trial Court and further upheld by
the Appellate Court. Hence, the following order is passed.
ORDER
(I) Criminal Application stands allowed.
(II) The substantive sentence imposed on the Applicant-
Shivaji Narayan Kasal by the learned Trial Court by the
Judgment and Order dated 24.03.2022 passed in
Regular Criminal Case No.56/2013 for the offences
punishable under Sections 324, 341, 504 r/w. Sec. 149
and Sections 143, 148 of the Indian Penal Code (in
short, ‘I.P.C.’) with fine which has been upheld by the
learned Appellate Court, stands suspended till the final
3 of 3 praecipe-Cri.Revn.147.2026
hearing and disposal of Criminal Revision Petition
No.147 of 2026.
(III) The Applicant be released on P.R. Bond of Rs.15,000/-
(Rupees Fifteen Thousand Only) with one solvent surety
in the like amount.
(IV) Bail before the trial court.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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