Bombay High Court
VISHNU NIVRUTTI KOLI AND ANOTHERversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- S G CHAPALGAONKAR
Holding
The High Court granted bail to the appellants, suspending the sentence until the appeal is concluded.
Summary
The appellants, Vishnu Nivrutti Koli and another, were convicted by a Sessions Judge of offences under Sections 353, 354, 364, 294, 323, 504, 506 read with 34, and 511 of the Indian Penal Code and were sentenced to three years’ rigorous imprisonment, the sentence being suspended pending appeal. While on bail during trial, they did not misuse the liberty granted to them. They applied for bail pending the appeal, arguing that the sentence was short and the trial judge’s reasons supported release. The High Court examined whether bail could be granted in view of the nature of the offences, the suspended sentence, and the applicants’ conduct. Finding no risk of flight or misuse of liberty, the Court allowed the bail application, ordered the suspension of the sentence until the appeal is decided, and set bail at Rs.30,000 each with surety.
Issues considered
- Whether the convicted appellants are entitled to bail pending the disposal of their appeal against conviction and sentence
Legislation cited
- Indian Penal Code, 1860 — s. 294, 323, 34, 353, 354, 364, 504, 506, 511
Subjects
- bail
- appeal
- suspended sentence
- Indian Penal Code
- criminal procedure
- high court
Judgment
2026:BHC-AUG:22034
B4.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1981 OF 2026
IN
CRIMINAL APPEAL NO.413 OF 2026
Vishnu Nivrutti Koli and Another
VERSUS
The State Of Maharashtra
...
Advocate for Applicants : Mr. Rohit Patwardhan h/f Mr. S.S. Jadhav
APP for Respondent/State : Mr. A.A.A. Khan
...
CORAM : S. G. CHAPALGAONKAR, J.
(VACATION COURT)
DATED : MAY 29, 2026
PER COURT :-
1. Heard learned advocate appearing for applicants and
learned APP appearing for State.
2. The applicant has been convicted by learned Sessions
Judge for offence punishable under Sections 353, 354, 364, 294, 323,
504, 506 r/w 34, 511 of Indian Penal Code and sentenced to suffer
imprisonment for three years. The applicants were on bail during
course of trial. Even after conviction, sentence has been suspended.
Apparently, applicants have not misused liberty granted to them
during course of trial. Looking to short sentence and reasons as
recorded by learned Sessions Judge in impugned order, case is made
out to release applicants on bail pending appeal which is admitted by
this Court.
3. In result, following order is passed :
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(2)
ORDER
(a) Criminal Application is allowed.
(b) The substantive sentenced imposed on applicants vide
judgment and order of conviction dated 05.05.2026 passed by learned
Additional Sessions Judge, Latur, in Sessions Case No.53 of 2015
whereby they have been convicted for offence punishable under
Sections 353, 354, 364, 294, 323, 504, 506 r/w 34, 511 of Indian
Penal Code and sentenced to undergo rigorous imprisonment for five
three years is suspended till conclusion of appeal.
(c) The applicants be released on bail on executing P.B. and S.B. of
Rs.30,000/- (Rupees Thirty Thousands Only) each with one solvent
surety in like amount each.
(d) Bail before trial Court.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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