Bombay High Court

KUNDLIK ANKUSHRAO SURYAWANSHI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The court allowed the application, kept the sentence suspended pending appeal, and granted bail on execution of a cash bond and surety.

Summary

The applicants were convicted by the Additional Sessions Judge, Parbhani, in a special (atrocity) case for offences under Sections 323, 324 read with 34 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. They were sentenced to six months' simple imprisonment and a fine of Rs.1,000, with the sentence suspended pending appeal. The applicants filed a criminal application seeking suspension of the sentence and bail pending appeal, contending that they had previously been released on bail during trial and had not misused their liberty. The court examined the short term of imprisonment and the fact that the sentence was already suspended, and held that bail could be granted. Accordingly, the application was allowed, the sentence remained suspended, and the applicants were released on bail upon furnishing a cash bond of Rs.30,000 with a surety of equal amount.

Issues considered

What is the appropriate relief for convicted persons seeking bail pending appeal when the substantive sentence is short and already suspended?

Legislation cited

Indian Penal Code, 1860 — s. 323, 324, 34
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — s. 3(2)(va)

Subjects

bail
suspension of sentence
appeal
IPC
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act
criminal procedure
short sentence

Judgment

                                                         907(i)-CRIAPLN-1973-2026.odt
                                      1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD
               CRIMINAL APPLICATION NO. 1973 OF 2026
                         IN APEAL/410/2026

             1. KUNDLIK ANKUSHRAO SURYAWANSHI
             2. GAJANAN SHANKARRAO KHARVADE
             3. YAMUNABAI KUNDLIK SURYAWANSHI
                              VERSUS
             THE STATE OF MAHARASHTRA AND ANOTHER

                                      ......
             Mr. Rajendra V. Dasalkar, Advocate for Applicants.
                  Mr. S. P. Joshi, APP for Respondents-State
                                      ......

                                  CORAM   : S. G. CHAPALGAONKAR, J.
                                            [VACATION COURT]
                                  DATE    : 29 MAY, 2026
PER COURT :

1.     Heard learned Advocate appearing for Applicants and learned APP
appearing for respondent/State.


2.      Issue notice to Respondents. Learned APP waives service of notice for
Respondent – State.


3.     Instant application is for suspension of sentence and grant of bail on
account of the conviction recorded by the learned Additional Sessions
Judge, Parbhani, dated 04.05.2026 in Special (Atrocity) Case No. 151/2020
and in Crime No. 154/2020 registered at Gramin Police Station, District
Parbhani under Sections 324, 323, 504, 34 of IPC and under Section 3(2)
(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act, 1989.   The Applicants have been convicted for offences punishable
under Sections 323, 324 r/w 34 of Indian Penal Code and sentenced to
suffer simple imprisonment for period of six months and fine of Rs. 1000/-.
In default of payment of fine, they shall undergo simple imprisonment of
                                                             907(i)-CRIAPLN-1973-2026.odt
                                             2

one month.           The substantive sentence imposed upon Applicants is
suspended by Trial Court.


4.          Perusal of record indicates that Applicants were enlarged on bail
during course of trial. They have not misused liberty.


5.         Considering short sentence, a case is made out to release them on bail
pending Appeal. In result, following order is passed :
                                           ORDER

(I)         Criminal Application stands allowed.


(II)        The substantive sentence imposed on Applicants vide judgment and
order dated 04.05.2026 passed by Additional Sessions Judge, Parbhani in
Special (Atrocity) Case No. 151/2020, whereby they have been convicted for
the offences punishable under Sections 323, 324 r/w 34 of Indian Penal
Code and sentenced to suffer simple imprisonment for period of six months
and fine of Rs. 1000/-. In default of payment of fine, they shall undergo
simple imprisonment of one month, are suspended till conclusion of Appeal.


(III)       The Applicants 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.


(IV)        Bail before the trial Court.




                                                   [ S. G. CHAPALGAONKAR ]
                                                             JUDGE

NAJEEB..

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