Bombay High Court

SHAIKH ASHFAK SHAIKH SALIMversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court suspended the six‑month sentence and granted bail to the appellant pending the final disposal of the appeal.

Summary

Shaikh Ashfak Shaikh Salim was convicted by the District Judge‑3 and Additional Sessions Judge, Jalna, under IPC Section 354(d) and sentenced to six months’ imprisonment and a fine, which has been paid. While the conviction is under appeal (Criminal Appeal No. 402 of 2026), the applicant sought suspension of the sentence and bail. The State and other respondents opposed bail, citing the seriousness of the offence and potential misuse of liberty. The court noted the short term of imprisonment, the pending appeal, and the applicant’s residence in Hyderabad, and therefore allowed the application. The sentence was suspended pending final disposal of the appeal, and the applicant was released on a personal bond of Rs 15,000 with two sureties, subject to conditions including periodic appearance before the trial court.

Issues considered

Whether the sentence imposed under IPC Section 354(d) should be suspended pending the final hearing of the appeal.
Whether bail should be granted to the convicted appellant pending the appeal.

Legislation cited

Indian Penal Code, 1860 — s. 354(d)

Subjects

bail
suspension of sentence
appeal pending
IPC 354(d)
criminal application
high court

Judgment

2026:BHC-AUG:42259


                                                               909-Cri-Apln-1964-2026.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                         909 CRIMINAL APPLICATION NO. 1964 OF 2026
                                    IN APEAL/402/2026

                                   SHAIKH ASHFAK SHAIKH SALIM
                                                VERSUS
                             THE STATE OF MAHARASHTRA AND OTHERS
                                                  .…
                 Ms Harsha R. Lomte, Advocate (Appointed through Legal Aid) for
                 Applicant
                 Mr. V. V. Jahagirdar, APP for Respondent No.1 – State
                 Mr. Aniruddha S. Usmanpurkar, Advocate for Respondent Nos. 2
                 and 3
                                                  .…

                                     CORAM : ABHAY S. WAGHWASE, J.

                                       DATE : 11 September, 2026
                 PER COURT :-

                 1.         Heard.     This is an application for suspension of

                 sentence and grant of bail in consequence to the judgment and

                 order of conviction recorded by learned District Judge-3 and

                 Additional Sessions Judge, Jalna, District Jalna, in Special Case

                 (Child) No.22 of 2017 dated 07.05.2025.


                 2.         Learned counsel for the applicant submits that the

                 applicant was tried vide above special case and came to be

                 convicted by above judgment and order for the offence under

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Section 354(D) of I.P.C. Sentence awarded is maximum six months

and to pay fine. Fine amount is said to be paid. According to him,

applicant was on bail during trial. As the appeal is of 2026, much

more time is required to hear the appeal, relief of suspension of

sentence and grant of bail is urged for.


3.          Learned APP and learned counsel for respondent Nos. 2

and 3 strongly opposed on the ground that on full fledged trial

conviction has been recorded. Learned counsel for victim pointed

that, both victim and applicant are of same vicinity and there is

serious apprehension of misuse of liberty.


4.          Learned counsel for applicant submits that, the applicant

is currently residing at Hyderabad and therefore, there is no

possibility of he coming to the village.


5.          After considering the above submissions, taking into

account sentence of six months and that appeal is of 2026, may not

be heard in near future, relief as prayed deserves to be granted.

Hence, the following order:-




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                              ORDER

(i)     Criminal Application stands allowed.


(ii)    The substantive sentence imposed on the applicant Shaikh
        Ashfak Shaikh Salim, by the learned District Judge-3 and
        Additional Sessions Judge, Jalna, District Jalna, in Special
        Case (Child) No.22 of 2017, dated 07.05.2025, stands
        suspended till final hearing and disposal of Criminal Appeal
        No.402 of 2026.


(iii)   The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
        Fifteen thousand only) with two solvent sureties in the like
        amount.
(iv)    The applicant shall not commit any criminal activity.


(v)     The applicant to note that he shall not misuse the liberty in
        any manner.


(vi)    The applicant shall remain present before the learned trial
        Judge once in six months, till final hearing and disposal of the
        appeal, commencing from the date he tenders bail papers and
        thereafter, the trial Judge to fix dates for his subsequent
        appearances.


(vii)   In case of two consecutive defaults on the part of the
        applicant to remain present before the trial Court, the trial
        Court to inform this Court about the same and in that


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                                        (( 4 ))     909-Cri-Apln-1964-2026




         eventuality, the prosecution would be at liberty to file an
         application for cancellation of the bail granted to the
         applicant.


(viii)   Bail before the trial Court.



                                         [ ABHAY S. WAGHWASE, J. ]

SMS




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