Bombay High Court

GANESH RUPCHAND GANGURDEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The court held that the sentence should be suspended until the appeal is finally heard and disposed of, and bail was granted to the appellant.

Summary

Ganesh Rupchand Gangurde was convicted by the Sessions Judge, Shrirampur, under Section 353 of the Indian Penal Code and sentenced to two months' rigorous imprisonment. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of his appeal (Criminal Appeal No. 5168 of 2026). The State opposed, noting the maximum punishment for the offence is two years, but the court noted the appeal would take time and the applicant had previously been on bail during trial. The court allowed the application, suspending the sentence until the final disposal of the appeal and granting bail on a personal bond of Rs.15,000 with surety. Consequently, the applicant was released on bail pending the appeal.

Issues considered

Whether a sentence can be suspended pending the final hearing and disposal of an appeal
Whether bail can be granted to a convicted appellant pending appeal

Legislation cited

Indian Penal Code, 1860 — s. 353

Subjects

suspension of sentence
bail
appeal pending
IPC Section 353
criminal application
rigorous imprisonment

Judgment

                                                                CRAPPLN 1935 26.odt
                                        1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 CRIMINAL APPLICATION NO. 1935 OF 2026
                                   IN
                CRIMINAL APPEAL (Stamp) NO. 5168 OF 2026

Ganesh Rupchand Gangurde,
Age 32 years, Occ. Labour,
R/o Someshwar Path, Ward No.2,
Shrirampur, Tq. Shrirampur,
Dist. Ahmednagar                                        Applicant
                                                   ...(Orig. Accused)
      VERSUS

The State of Maharashtra
Through: Shrirampur City Police Station,
Dist. Ahilyanagar.                                       … Respondent

                                    ......
Mr. Majit S. Shaikh, Advocate for Applicant
Mr. B.V. Virdhe, APP for Respondent-State

                                    ......

                                 CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                               [VACATION COURT]
                                 DATE        : 20 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 conviction recorded by learned Judge, Sessions Judge,

Shrirampur dated 16.02.2026 in Session Case No. 19/2019.
                                                                 CRAPPLN 1935 26.odt
                                       2



4.        Learned counsel pointed out that present applicant was held guilty

by the learned Sessions Judge, Shrirampur in Session Case No. 19/2019

dated 16.02.2026 for the offences punishable under Section 353 of the

Indian Penal Code. The applicant is sentenced to suffer two months rigorous

imprisonment. That, applicant has preferred appeal and the same is of the

year 2026. According to him, as appeal against conviction would take long

time to be heard, he urged for relief of suspension as well as grant of bail.


5.         Opposing the above application, learned APP points out that

maximum sentence awarded is imprisonment for two years. He submitted

that, on full fledged trial guilt has been recorded.


6.        Heard. Perused the papers including the judgment under challenge

by way of appeal. Apparently, applicant was held guilty under the aforesaid

provisions. Said judgment is challenged by way of appeal and the same

appears to be numbered as Criminal Appeal Stamp No. 5168 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. 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.
                                                              CRAPPLN 1935 26.odt
                                       3


(II)    The substantive sentence imposed on the applicant by the Sessions
Judge, Shrirampur in Session Case No. 19/2019 vide judgment and order
dated 16.02.2026, for the offences punishable under Section 353 of the
Indian Penal Code, stands suspended till the final hearing and disposal of
Criminal Appeal


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


(IV)    Bail before the trial court.




                                           [ SIDDHESHWAR S. THOMBRE ]
                                                     JUDGE
mkd/-

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