Bombay High Court
SUNIL ASHRUBA SANAP AND ANOTHERversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the sentence of applicant No.1 is to be suspended until the final disposal of the revision, and bail is to be granted on a personal bond.
Summary
The applicants, Sunil Ashruba Sanap and Akshya Ashruma Gaikwad, filed a criminal revision seeking suspension of the sentence imposed on Sanap and bail. Sanap has been incarcerated since the appellate court's order, while Gaikwad has not yet surrendered. The court noted that the revision is recent and unlikely to be heard soon, and that Sanap had been on bail during trial and appeal without misusing liberty. Accordingly, the court suspended Sanap's sentence pending final disposal of the revision and released him on a personal bond of Rs.15,000 with a surety. The court also granted Gaikwad liberty to file a fresh application for suspension after he surrenders. The order was pronounced by Justice Siddheshwar S. Thombre of the Bombay High Court, Aurangabad bench.
Issues considered
- Whether the sentence imposed on applicant No.1 should be suspended pending final hearing of the criminal revision.
- Whether bail can be granted to applicant No.1 on personal bond.
- Whether applicant No.2 may be permitted to file a fresh application for suspension after surrender.
Subjects
- suspension of sentence
- bail
- criminal revision
- high court
- personal bond
- release on bail
- application allowed in part
Judgment
2026:BHC-AUG:21968
{1} 12-appln-1943-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1943 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 158 OF 2026
1. Sunil Ashruba Sanap
2. Akshya Ashruma Gaikwad ...Applicants
Versus
The State of Maharashtra ...Respondent
Mr. R.G. Hange, Advocate for applicants
Mr. A.R. Kale, APP for State
.......
CORAM : SIDDHESHWAR S. THOMBRE, J.
(VACATION COURT)
DATE : 22nd MAY, 2026
ORDER :
1. Heard.
2. Issue notice to the 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 Judicial Magistrate First Class in
S.C.C. No. 733 of 2017 and confirmed by learned Additional Sessions Judge,
Beed, dated 16.05.2026 in Criminal Appeal No. 77 of 2023.
Bhagyawant Punde
{2} 12-appln-1943-2026
4. Learned counsel for the applicants submits that as far as applicant No.
1 is concerned he is behind bars from the date of order passed by the Appellate
Court and applicant No. 2 has not surrendered yet.
5. Considering the fact that the present revision being recent is not likely
to be heard in near future. The applicant was on bail during trial and appeal
and has not misused the liberty during that period.
6. In view of above, therefore, relief of suspension of sentence deserves to
be granted. Hence, following order is passed.
ORDER
(I) Criminal Application stands allowed partly to the extent of applicant
No. 1.
(II) The substantive sentence imposed on the applicant No. 1 by learned
Judicial Magistrate First Class in S.C.C. No. 733 of 2017 and confirmed by
learned Additional Sessions Judge, Beed, dated 16.05.2026 in Criminal Appeal
No. 77 of 2023, stands suspended till the final hearing and disposal of
Criminal Revision Application No. 158 of 2026.
(III) The applicant No. 1 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.
Bhagyawant Punde
{3} 12-appln-1943-2026
7. Liberty is granted to the applicant No. 2 to file fresh application for
suspension of sentence after he surrenders.
(SIDDHESHWAR S. THOMBRE)
JUDGE
Bhagyawant Punde
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