Created by Fuzzy Cloud

Bombay High Court

ASHOK SHIVAJI AWHADversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The High Court suspended the conviction and sentence pending appeal and granted bail to the appellant upon execution of a bond and surety.

Summary

The applicant, Ashok Shivaji Awhad, appealed against his conviction under Sections 436 and 427 of the Indian Penal Code, handed down by the Additional Sessions Judge, Parbhani on 8 May 2026, which imposed two years of rigorous imprisonment and a fine of Rs.2,000. The applicant was on bail during the trial and had not misused his liberty; the trial court had already suspended the sentence pending appeal. The High Court considered whether the applicant should continue to be detained while the appeal is pending. The Court ordered that the substantive sentence be suspended until the appeal is decided, and that the applicant be released on bail upon furnishing a personal bond and surety of Rs.30,000. The notice to the State was issued, with the applicant waiving service of notice. The order effectively allows the applicant to remain out of custody while the appeal proceeds.

Issues considered

  • Whether the conviction and sentence under IPC Sections 436 and 427 should remain operative pending the pending appeal.
  • Whether bail should be granted to the appellant during the pendency of the appeal.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • appeal
  • IPC 436
  • IPC 427
  • criminal procedure

Judgment

                                                                            910-APPLN-1960-2026+ II.odt



           (This order is corrected pursuant to speaking to minutes order dated 28.05.2026)
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 1960 OF 2026

                              Ashok Shivaji Awhad
                                    VERSUS
                            The State Of Maharashtra
                                        ...
Mr. P. D. Wakhare, Advocate for Applicant
Mrs. V. P. Dama, APP for Respondents
                                       ***
                                                  CORAM : S. G. CHAPALGAONKAR, J
                                                          (VACATION COURT)

                                                  DATE          : MAY 26, 2026
PC :

1.               The Applicant has filed Appeal against judgment and order of

conviction dated 08.05.2026 passed by learned Additional Sessions Judge, Parbhani

in Sessions Trial No. 39/2021 whereby he has been convicted for offence punishable

under Sections 436 and 427 of Indian Penal Code and sentenced to undergo

rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default, to

suffer simple imprisonment of two months.


2.               It appears that Applicant was on bail during course of trial. He has not

misused liberty. Even after conviction, sentence has been suspended by Sessions

Court. Looking to pendency of criminal appeals, Appeal is not likely to be heard in

recent future.


3.               In that view of matter, following order is passed:




                                           PAGE 1 OF 2
                                                               910-APPLN-1960-2026+ II.odt




                                        ORDER

        (a)   Issue notice to Respondents, returnable on 15.07.2026. The
              learned APP waives service of notice on behalf of
              Respondent/State.

        (b)   The substantive sentenced imposed on Applicant vide judgment
              and order of conviction dated 08.05.2026 passed by learned
              Additional Sessions Judge, Parbhani in Sessions Trial No.
              39/2021 whereby he has been convicted for offence punishable
              under Sections 436 and 427 of Indian Penal Code and sentenced
              to undergo rigorous imprisonment for two years and to pay fine
              of Rs.2,000/-, in default, to suffer simple imprisonment of two
              months, is suspended till conclusion of Appeal.

        (c)   The Applicant be released on bail on executing P.B. and S.B. of
              Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent
              surety in like amount.

        (d) Bail before trial Court.


                                                 (S. G. CHAPALGAONKAR, J.)
Umesh




                                       PAGE 2 OF 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.