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Bombay High Court

VISHNU NIVRUTTI KOLI AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

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

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 :
                                                                           B4.odt
                                         (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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