Bombay High Court
BABURAO ALIAS GURU MAROTRAO SAVLEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The sentence is suspended pending the final hearing of the appeal and bail is granted on personal bond.
Summary
The applicant, Baburao alias Guru Marotrao Savle, was convicted under Sections 177 and 395 of the Indian Penal Code by the Additional Sessions Judge, Parbhani, and sentenced to a term of up to three years in Sessions Trial No. 74/2014. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of his appeal (Criminal Appeal No. 380 of 2026). The State opposed, arguing that the conviction was based on a full trial and the maximum sentence was three years. The High Court noted that the applicant had been on bail during trial, the sentence was short, and the appeal was recent, warranting suspension of the sentence. Consequently, the court allowed the application, suspended the sentence until the appeal is finally decided, and released the applicant on a personal bond of Rs.15,000 with a surety.
Issues considered
- Whether the sentence imposed in the Sessions Trial should be suspended pending the final disposal of the appeal.
- Whether the applicant is entitled to bail pending the appeal.
Legislation cited
- Indian Penal Code, 1860 — s. 177, 395
Subjects
- suspension of sentence
- bail
- criminal appeal
- IPC Section 177
- IPC Section 395
- short sentence
- high court
Judgment
2026:BHC-AUG:21959
910(i)-CRIAPLN-1929-26.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1929 OF 2026
IN APEAL/380/2026
BABURAO ALIAS GURU MAROTRAO SAVLE
VERSUS
THE STATE OF MAHARASHTRA
......
Mr. Jadhav Satej S, Advocate for Applicant.
Mr. S. G. Sangle, APP for Respondent-State
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
[VACATION COURT]
DATE : 21 MAY, 2026
PER COURT :
1. Heard.
2. Issue notice to Respondent – State. Learned APP waives service of
notice for Respondent – State.
3. Instant application is for suspension of sentence and grant of bail on
account of the conviction recorded by the learned Additional Sessions
Judge, Parbhani, dated 20.04.2026 in Sessions Trial No. 74/2014. The
learned Counsel for the Applicant submits that the shortness of the sentence
is urged as a ground in the appeal to suspend the sentence awarded by the
trial Court.
4. Opposing the above application, the learned APP pointed out that
the maximum sentence awarded is imprisonment for three years. He
submitted that, after a full-fledged trial, guilt has been recorded.
910(i)-CRIAPLN-1929-26.odt
2
5. Heard. Perused the papers including the judgment under challenge by
way of appeal. Apparently, Applicant was held guilty under Sections 177 and
395 of the Indian Penal Code. Said judgment is challenged by way of appeal
and the same appears to be numbered as Criminal Appeal No. 380 of 2026.
Consequently, appeal being recent, may not be heard early. Applicant was
reported to be on bail during trial and he has been granted suspension by
the Trial Court and the sentence is short. Therefore, in the light of above
discussion, relief of suspension of sentence deserves to be granted. Hence,
following order is passed.
ORDER
(I) Criminal Application stands allowed.
(II) The substantive sentence imposed on the Applicant in Sessions Trial
No. 74/2014 by the learned Additional Sessions Judge, Parbhani, dated
20.04.2026, stands suspended till the final hearing and disposal of Criminal
Appeal No. 380 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 ]
JUDGE
NAJEEB..
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