Bombay High Court
RAKESH ALIAS PRASHANT POPAT MOREversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The court held that, since the appellant had not misused his liberty and given the pendency of appeals, the sentence should be suspended pending the appeal and bail granted.
Summary
The appellant, Rakesh alias Prashant Popat More, was convicted by the Additional Sessions Judge, Aurangabad, in Sessions Case No. 3 of 2019 for attempting murder under Section 307 of the IPC and sentenced to five years’ rigorous imprisonment and a fine of Rs.25,000. He filed a criminal application seeking suspension of the sentence and bail pending his appeal (Criminal Appeal No. 404 of 2026). The High Court noted that the appellant had been on bail throughout the trial and had not misused his liberty, and observed the large pendency of criminal appeals which could delay hearing. Accordingly, the Court allowed the application, suspended the operative sentence until the appeal is decided, and ordered his release on bail upon furnishing a personal bond and surety of Rs.30,000. The order also restored bail as granted by the trial court.
Issues considered
- Whether the conviction sentence should be suspended pending the appeal
- Whether bail can be granted to the appellant pending the appeal
- Whether the appellant misused his liberty while on bail
Legislation cited
- Indian Penal Code, 1860 — s. 307
Subjects
- Section 307 IPC
- suspension of sentence
- bail
- appeal pending
- criminal application
- rigorous imprisonment
Judgment
2026:BHC-AUG:22016
1 915 CA 1965-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CRIMINAL APPLICATION NO. 1965 OF 2026
IN CRIMINAL APPEAL NO. 404 OF 2026
RAKESH ALIAS PRASHANT POPAT MORE
VERSUS
THE STATE OF MAHARASHTRA
…
Mr. S.G. Magre – Advocate for Applicant
Mr. S.G. Sangle – APP for Respondent, State
…
CORAM : S. G. CHAPALGAONKAR, J.
(VACATION COURT)
DATE : 28.05.2026
PER COURT :
1. Heard learned Advocate appearing for applicant and learned APP
appearing for respondent-State.
2. The applicant has filed Appeal assailing judgment and order dated
18.05.2026 passed by learned Additional Sessions Judge, Aurangabad, in
Sessions Case No. 3 of 2019 whereby he has been convicted for offence
punishable under Section 307 of I.P.C. and sentenced to suffer R.I. for five
(5) years and fine of Rs.25,000/-, in default, to suffer R.I. for six (6)
months. Today Appeal has been admitted.
3. It appears that applicant was on bail during course of trial. He has
not misused liberty. Looking to the reasoning adopted by the Sessions
2 915 CA 1965-2026.odt
Court in the impugned judgment and keeping in view large pendency of
criminal appeals, present Appeal is not likely to be heard in recent future.
4. In that view of matter, following order is passed :
ORDER
(a) Criminal Application is allowed.
(b) The substantive sentenced imposed on applicant vide
judgment and order of conviction dated 18.05.2026 passed by
learned Additional Sessions Judge, Aurangabad, in Sessions
Case No.3 of 2019 whereby he has been convicted for offence
punishable under Section 307 of I.P.C. and sentenced to
undergo rigorous imprisonment for five years and to pay fine
of Rs.25,000/-, in default, to suffer rigorous imprisonment for
six 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 Thousands Only) with one
solvent surety in like amount.
(d) Bail before trial Court.
[ S. G. CHAPALGAONKAR ]
JUDGE
Pooja Kale/
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