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Bombay High Court

SARFARAJ AHMED AHMED ALIAS MOHAMMAD HUSSAIN AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The sentence was suspended pending the appeal and bail was granted to the applicants.

Summary

The applicants, Sarfaraj Ahmed and Nayyar Hussain, were convicted by the Sessions Judge, Nanded, under Section 498-A of the IPC and sentenced to three years' imprisonment. They filed a criminal application seeking suspension of the sentence and bail pending the hearing of their appeal (Criminal Appeal No. 538 of 2026). The State opposed, arguing that a full trial conviction had been recorded. The High Court noted that the conviction was only under Section 498-A, the appeal would take considerable time, and therefore granted the relief sought. The court suspended the sentence until the final disposal of the appeal and released the applicants on a personal bond of Rs.15,000 each with sureties, imposing conditions of appearance and non‑commitment of further offences.

Issues considered

  • Whether a sentence imposed on conviction under Section 498-A can be suspended pending the final hearing of an appeal
  • Whether bail can be granted to convicted persons after sentencing but before the appeal is decided

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • appeal
  • Section 498-A
  • criminal procedure
  • high court

Judgment

2026:BHC-AUG:27455


                                                                 1006-Cri-Apln-2680-2026.odt




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                         1006 CRIMINAL APPLICATION NO. 2680 OF 2026
                                     IN APEAL/538/2026

                  1] SARFARAJ AHMED AHMED ALIAS MOHAMMAD HUSSAIN
                           2] NAYYAR HUSSAIN MOHAMMAD HUSSAIN
                                             VERSUS
                                 THE STATE OF MAHARASHTRA
                                                 ...
                 Mr. Shaikh Samir Ahmad Saifuddin, Advocate for Applicants
                 Mr. S. N. Morampalle, APP for Respondent – State
                                                .…

                                    CORAM : ABHAY S. WAGHWASE, J.

                                       DATE : July 10, 2026
                 PER COURT :-

                 1.          This is an application for suspension of sentence and

                 grant of bail in consequent to the judgment and order of

                 conviction recorded by learned Sessions Judge, Nanded, District

                 Nanded in Sessions case No. 340 of 2019, convicting the

                 applicants for offence under Sections 498-A of I.P.C.


                 2.          Learned counsel for applicants submits that the

                 applicants were tried vide above sessions case and by judgment

                 and order dated 14.05.2026 convicted for offence under Section

                 498-A and sentenced to suffer for three years. Appeal against the

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conviction has been preferred. Appeal is of 2026, as much more time

is required to hear the appeal, relief of suspension of sentence and

grant of bail is urged for. The applicants were on bail during trial.

Fine amount is paid.


3.          Learned APP opposed on the ground that on full fledged

trial conviction has been recorded.


4.          After considering the above submissions and on going

through the papers, it appears that applicants have been charge-

sheeted for offence under Section 498-A, 306 of I.P.C., they both are

shown to be acquitted for offence under Section 306 of I.P.C. and

conviction is only under Section 498-A of I.P.C awarding sentence of

three years. Appeal is of 2026 and it will take long time to be heard.

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

following order:-

                              ORDER

     (i)    Criminal Application stands allowed.

     (ii)   The substantive sentence imposed on the applicants i.e. (1)
            Sarfaraj Ahmed S/o Ahmed @ Mohammad Hussain and (2)
            Nayyar Hussain Mohammad Hussain, by the learned
            Sessions Judge, Nanded District Nanded in Sessions Case

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              No.340 of 2019 dated 14.05.2026 stands suspended till
              final hearing and disposal of Criminal Appeal No.538 of
              2026.

      (iii)   The applicants be released on P.R. Bond of Rs.15,000/-
              (Rupees Fifteen thousand only) each with two solvent
              sureties each in the like amount.

      (iv)    The applicants shall not commit any criminal activity.

      (v)     The applicants shall remain present before the learned trial
              Judge once in six months, till final hearing and disposal of
              the appeal, commencing from the date they tenders bail
              papers and thereafter, the trial Judge to fix dates for their
              subsequent appearances.

      (vi)    In case of two consecutive defaults on the part of the
              applicants 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 the bail granted to the
              applicants.

      (vii)   Bail before the trial Court.



                                        [ ABHAY S. WAGHWASE, J. ]

SMS




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