Bombay High Court
SUNIL LIMABAJIRAO SONAWANEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The sentence imposed by the Additional Sessions Judge is suspended pending the disposal of the criminal revision application.
Summary
Sunil Sonawane, the applicant, was initially acquitted by the Judicial Magistrate, First Class, Parbhani, but was later convicted by the Additional Sessions Judge-1 in Criminal Appeal No.40/2022 for offences under Sections 304A, 279, 337 and 338 of the Indian Penal Code. The applicant contended that he remained on bail throughout both the trial and the appeal and had not misused the liberty granted to him. He filed a criminal application seeking suspension of the sentence imposed in the appeal pending the disposal of a pending criminal revision application. The court examined whether the sentence could be stayed given the applicant's bail status and lack of misconduct. Finding no justification to deny relief, the court allowed the application, suspended the imprisonment sentence, and ordered the applicant's release on bail upon execution of a personal bond of Rs.15,000 with a surety of the same amount.
Issues considered
- Whether the sentence imposed in the appeal can be suspended pending the pendency and final disposal of a criminal revision application.
Legislation cited
- Indian Penal Code, 1860 — s. 279, 304A, 337, 338
Subjects
- suspension of sentence
- criminal revision
- bail
- conviction
- IPC sections 304A, 279, 337, 338
- appeal
Judgment
2026:BHC-AUG:21958
Cri.Appln.No.1941/2026
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1941 OF 2026 IN
CRIMINAL REVISION APPLN.NO.157/2026
Sunil s/o Limbajirao Sonawane ….Applicant
VERSUS
The State of Maharashtra ….Respondent
.......
Mr. A.V. Wadwale, Advocate for applicant
Mr. S.A. Gaikwad, A.P.P. for respondent
....…
CORAM : SIDDHESHWAR S. THOMBRE, J.
VACATION COURT
DATE : 21st MAY, 2026
O R D E R:
1. Heard. Issue notice to the respondent. Learned A.P.P.
waives service for the respondent.
2. By this application, the applicant seeks suspension of
sentence imposed upon the applicant by learned Additional Sessions
Judge-1, Parbhani in Criminal Appeal No.40/2022, by judgment and
order dated 27/4/2026.
3. Learned counsel for the applicant submits that, the
applicant was acquitted by the learned Judicial Magistrate, First
Cri.Appln.No.1941/2026
:: 2 ::
Class, Parbhani. However, in appeal, the learned Additional
Sessions Judge convicted the applicant for the offences punishable
under Sections 304(A), 279, 337, 338 of the Indian Penal Code. He
submits that, the applicant was on bail during the trial as well as in
the appeal and the applicant has not misused the liberty granted by
the Court. In view of the above, I am inclined to suspend the
sentence by allowing the present application. Hence the order :
ORDER
(i) The Criminal Application is allowed.
(ii) During the pendency and final disposal of the Criminal
Revision Application, the substantive sentences of imprisonment
imposed upon the applicant by learned Additional Sessions Judge-1,
Parbhani in Criminal Appeal No.40/2022, by judgment and order
dated 27/4/2026 is suspended and the applicant be released on bail
on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen
thousand) with one surety in the like amount.
(SIDDHESHWAR S. THOMBRE, J.)
fmp/-
Checking your session…