Bombay High Court

DNYANESHWAR ALIAS MAULI VITTHAL PANCHALversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: ABHAY S WAGHWASE

Holding

The sentence is suspended pending the final hearing of the appeal and bail is granted on bond.

Summary

The applicant, Dnyaneshwar, was convicted under Section 306 of the Indian Penal Code for abetment of suicide and sentenced to four years' imprisonment, of which he had served more than five months. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of his appeal (Criminal Appeal No. 535 of 2026). The State opposed, arguing that the conviction was on record. The High Court, noting that the appeal was recent and unlikely to be heard soon, admitted the appeal, waived notice, and ordered the suspension of the substantive sentence until the appeal is finally decided. The Court also granted bail on a personal bond of Rs.15,000 with two sureties, subject to conditions of regular appearance before the trial court. The order emphasizes that any default may lead to cancellation of bail.

Issues considered

Whether the sentence imposed under Section 306 IPC should be suspended pending the final hearing of the appeal
Whether bail should be granted to the convicted appellant during the pendency of the appeal

Legislation cited

Indian Penal Code, 1860 — s. 306

Subjects

bail
suspension of sentence
appeal pending
Section 306 IPC
criminal application
high court

Judgment

2026:BHC-AUG:31099

93-CriAppln-2672-2026+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

93 CRIMINAL APPLICATION NO. 2672 OF 2026
IN CRIMINAL APPEAL NO. 535 OF 2026
WITH
CRIMINAL APPEAL NO. 535 OF 2026

Dnyaneshwar @ Mauli s/o Vitthal Panchal
Age … Years, Occu. : Agril,
R/o. Wadepuri, Taluka Loha,
District Nanded. … Applicant/
Appellant

Versus

The State of Maharashtra,
Through Police Station Officer,
Police Station, Sonkhed,
District Nanded. … Respondent
...
Advocate for Applicant : Mr. Suraj R. Bagal
APP for Respondent-State : Mr. D. J. Patil
...

CORAM : ABHAY S. WAGHWASE, J.
DATE : 27.07.2026

ORDER :

1. Instant application is for suspension of sentence and grant of

bail in consequence to the judgment and order of conviction passed

by learned Additional Sessions Judge, Kandhar, District Nanded dated

12.06.2026 in Sessions Case No. 34 of 2011.

[1]
93-CriAppln-2672-2026+

2. Learned counsel pointed out that, the applicant was tried vide

above Sessions Case and he has been held guilty for offence under

Section 306 of IPC. That, sentence awarded is imprisonment for four

years. That, applicant has already undergone more than five months

imprisonment. That, appeal against the said order of conviction has

been preferred, but it being of the year 2026, there are no immediate

prospects of it being heard and decided. Learned counsel further

submitted that, applicant has a good case on merits in appeal. That,

applicant was on bail during trial and he has already paid the fine

amount.

3. Learned APP would oppose on the ground that, on full fledge

trial, conviction has been recorded.

4. After considering the above submissions and on going through

papers, it emerges that vide judgment and order dated 12.06.2026

passed by learned Additional Sessions Judge, Kandhar, District

Nanded in Sessions Case No. 34 of 2011, applicant has been

convicted for offence under Section 306 of IPC, against which appeal

is preferred. Out of four years sentence, applicant is said to have

[2]
93-CriAppln-2672-2026+

undergone more than five months imprisonment. Appeal being recent

one, there are no chances of hearing the appeal in immediate future.

Applicant was said to be on bail during trial. Fine amount is also paid.

Therefore relief as prayed deserves to be granted. Hence, the

following order :

ORDER

I. The Criminal Appeal No. 535 of 2026 is admitted.

II. Learned APP waives notice on admission.

III. Call record and proceedings.

IV. Criminal Application No. 2672 of 2026 stands allowed.

V. The substantive sentence imposed on the applicant in Sessions
Case No. 34 of 2011 by the learned Additional Sessions Judge,
Kandhar on 12.06.2026 stands suspended till the final hearing
and disposal of Criminal Appeal No. 535 of 2026.

VI. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
Fifteen Thousand Only) with two solvent sureties in the like
amount.

VII. The applicant shall not commit any criminal activity.

[3]
93-CriAppln-2672-2026+

VIII. 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.

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

X. Bail before the trial court.

[ABHAY S. WAGHWASE, J.]

vre

[4]

Continue reading with your account

Checking your session…