Bombay High Court
SATISH BHANUDAS WANIversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The sentence was suspended pending the final hearing of the appeal and bail was granted on condition of a personal bond.
Summary
Satish Bhanudas Wani was convicted by the Additional Sessions Judge, Vaijapur, for offences under Sections 353 and 504 of the Indian Penal Code, receiving two years' simple imprisonment and a fine. He filed an appeal (Criminal Appeal No. 385 of 2026) and applied for suspension of the sentence and bail pending the appeal. The State opposed, arguing that the conviction after a full trial should preclude suspension. The Court, noting the pending appeal and the applicant's prior bail during trial, allowed the application, suspending the sentence until the appeal is finally decided and ordering his release on a personal bond of Rs.15,000 with a surety. The order also confirmed that bail had been granted before the trial court.
Issues considered
- Whether a sentence imposed after conviction can be suspended pending the disposal of an appeal
- Whether bail can be granted to a convicted person while the appeal is pending
Legislation cited
- Indian Penal Code, 1860 — s. 353, 504
Subjects
- suspension of sentence
- bail
- appeal pending
- IPC 353
- IPC 504
- criminal procedure
Judgment
1933(suspension)..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1933 OF 2026
IN
CRIMINAL APPEAL NO.385 OF 2026
Satish Bhanudas Wani … Applicant
Versus
The State of Maharashtra … Respondent
......
Mr. Ravindra V. Gore, Advocate for Applicant
Mr. V. K. Kotecha, APP for Respondent-State
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
[VACATION COURT]
DATE : 20th MAY, 2026
PER COURT :
1. Heard.
2. Issue notice to respondent – State. Learned APP waives service of notice
for respondent – State.
3. Instant application has been filed by the Applicant for suspension of
sentence and grant of bail on account of conviction recorded by learned
Additional Sessions Judge, Vaijapur, Dist. Aurangabad by the Judgment and
order dated 14.05.2026 in Sessions Case No.64/2021 (Old SCC No.585/2016)
for the offence punishable under Sections 353 and 504 of the Indian Penal
Code (for short, ‘I.P.C.’) .
4. The learned Advocate for the Applicant submits that, present applicant
was held guilty by the learned Trial Court and maximum punishment inflicted
1933(suspension)..odt
2
upon the applicant is simple imprisonment of two years with fine. He further
submits that, the applicant has preferred an appeal and it would take long time
to be heard, and therefore, he urged for relief of suspension of sentence during
the pendency of the present Appeal.
5. The learned APP opposed the application and submitted that the
Applicant has been held guilty after full-fledged trial, and therefore, the
Application be rejected.
6. I have gone through the papers with the assistance of both the sides.
Apparently, the applicant was held guilty under the aforesaid provisions.
Considering the fact that, the applicant has filed the Appeal and it would take a
longer time to decide and further considering that the applicant was reported
to be on bail during trial and he has been granted suspension by the Trial
Court, I am inclined allow the Application. Hence, the following order is
passed.
ORDER
(I) Criminal Application stands allowed.
(II) The substantive sentence imposed on the applicant, namely, Satish
Bhanudas Wani, by learned Additional Sessions Judge, Vaijapur,
Dist. Aurangabad, by the Judgment and order dated 14.05.2026 in Sessions
Case No.64/2021 (Old SCC No.585/2016) for the offence punishable under
Sections 353 and 504 of the IPC, stands suspended till the final hearing and
disposal of Criminal Appeal No. 385 of 2026.
(III) The applicant be released on furnishing P.R. Bond of Rs.15,000/-
1933(suspension)..odt
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(Rupees Fifteen Thousand Only) with one solvent surety in the like amount.
(IV) Bail before the trial court.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
GGP
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