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Bombay High Court

SUDAM EKNATH KHANDAGALEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The sentence is suspended until the final hearing and disposal of the appeal, and bail is granted on a personal bond.

Summary

Sudam Eknath Khandagale was convicted by the Additional Sessions Judge, Gangapur, under Section 201 read with Section 34 of the Indian Penal Code, attracting a maximum imprisonment of three years. He filed a criminal application seeking suspension of the sentence and bail, arguing that his appeal (Criminal Appeal No. 392 of 2026) would take time to be heard. The State opposed the relief, noting the conviction and the three‑year maximum term. The High Court noted that the applicant had already been on bail during trial and had been granted suspension by the trial court, and that the appeal was recent and unlikely to be heard soon. Accordingly, the Court allowed the application, suspending the sentence pending the final disposal of the appeal and granting bail on a personal bond of Rs.15,000 with sureties.

Issues considered

  • Whether a sentence imposed under Section 201 read with Section 34 of the IPC can be suspended pending the final hearing of an appeal
  • Whether bail can be granted to the convicted appellant while the appeal is pending

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • appeal pending
  • IPC Section 201
  • IPC Section 34
  • criminal procedure

Judgment

2026:BHC-AUG:21966


                                                    {1}                   11.1-appln-1942-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                      CRIMINAL APPLICATION NO. 1942 OF 2026
                                                     IN
                                      CRIMINAL APPEAL NO. 392 OF 2026

              Sudam Eknath Khandagale                               ...Applicant

                       Versus

              The State of Maharashtra                              ...Respondent

              Mr. A.K. Bhosale, Advocate for the appellant
              Mr. D.J. Patil, APP for the State
                                                  .......

                                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                                         (VACATION COURT)

                                                 DATE : 22nd MAY, 2026
              ORDER :

              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 Additional Sessions Judge,

              Gangapur, Chhatrapati Sambhajinagar dated 13.04.2026 in Sessions Case No.

              205 of 2025.




              Bhagyawant Punde
                                      {2}                   11.1-appln-1942-2026

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

the learned Additional Sessions Judge, Gangapur, Chhatrapati Sambhajinagar

vide judgment dated 13.04.2026 passed in Sessions Case No. 205 of 2025

under Section 201 read with 34 of Indian Penal Code. That, maximum

punishment inflicted upon the applicant is of three years only. 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 pointed out that

maximum sentence awarded is imprisonment for three 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 No. 392 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.




Bhagyawant Punde
                                          {3}              11.1-appln-1942-2026

                                          ORDER

(I)        Criminal Application stands allowed.


(II)       The substantive sentence imposed on the applicant in in Sessions Case
No. 205 of 2025 by the learned Additional Sessions Judge, Gangapur, District-
Chhatrapati Sambhajinagar on 13.04.2026, stands suspended till the final
hearing and disposal of Criminal Appeal No. 392 of 2026.


(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




Bhagyawant Punde


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