Bombay High Court
ASHOK SHIVAJI AWHADversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
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
- Indian Penal Code, 1860 — s. 427, 436
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:
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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
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