Bombay High Court
BHAIRAVNATH GUNWANT DIWANE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The sentence dated 08.05.2026 is suspended and the applicants are enlarged on bail pending the appeal.
Summary
The applicants, Bhairavnath Gunvant Diwane and another, filed an application seeking suspension of the sentence imposed by the Special Sessions Judge in Special Case No.12 of 2024. The sentence was dated 08.05.2026. The High Court, noting that the appeal would take considerable time for final hearing and disposal on merits, considered the application. The Court granted relief, ordering that the sentence be suspended pending the hearing and final disposal of the criminal appeal, and that the applicants be enlarged on bail in the interest of justice. The application was allowed in terms of prayer clause (B).
Issues considered
- Whether the sentence imposed in Special Case No.12 of 2024 should be suspended pending the final disposal of the criminal appeal
Subjects
- suspension of sentence
- bail
- criminal appeal
- pending appeal
- interest of justice
Judgment
2026:BHC-AUG:21909
27.APPLN.1920.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1920 OF 2026
IN
CRIMINAL APPEAL NO. 369 OF 2026
Bhairavnath Gunvant Diwane and Another ...Applicants
Versus
The State of Maharashtra and Another ...Respondents
***
Mr. Ganesh J. Kore, Advocate for the Applicants
Mr. V. K. Kotecha, APP for Respondent – State.
***
CORAM : SIDDHESHWAR S. THOMBRE, J.
(VACATION COURT)
DATE : MAY 18, 2026
PER COURT :
1. Heard the learned counsel for the applicant and the
learned APP for the respondent – State.
2. By the present application, the applicant seeks suspension
of sentence imposed by the learned Special Judge, Kallamb, Dist.
Osmanabad, in Special Case No.12 of 2024.
3. Considering that the appeal would take considerable time
for final hearing and final disposal on merits, I am inclined to grant
relief in terms of prayer clause (B).
Shrikant Malani Page 1 of 2
27.APPLN.1920.2026.odt
4. Accordingly, the application stands allowed in terms of
prayer clause (B), which read as under :
“B) Pending hearing and final disposal of this Criminal
Appeal, the substantive sentence dated 08.05.2026,
passed against the applicants, in Spl. Case No. 12 of
2024 passed by the Ld. And Spl. Sessions Judge
Kallam Dist. Osmanabad be suspended and the
applicants be enlarged on bail, in the interest of
justice.”
( SIDDHESHWAR S. THOMBRE, J. )
Shrikant Malani Page 2 of 2
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