Bombay High Court

KISHOR TUKARAM VALVIversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: R M JOSHI

Holding

The court suspended the substantive sentence and granted bail to the petitioner pending the revision.

Summary

The petitioner, Kishor Tukaram Valvi, was convicted in Summary Criminal Case No. 566 of 2017 and his appeal was rejected, resulting in his custody for 26 days. He filed a criminal application seeking suspension of the substantive sentence, arguing that the offence is punishable with a fine, which has already been paid, and that there is no special reason for imprisonment. The State opposed any relief. The court, after a prima facie assessment, found that the petitioner has a fair chance of success on the revision and that the offence does not mandate imprisonment. Consequently, the court suspended the substantive sentence pending the revision and ordered the petitioner’s release on bail with a bond of Rs. 15,000 and a surety of the same amount. The application was allowed.

Issues considered

Whether the substantive sentence imposed on the petitioner should be suspended pending the outcome of the revision application
Whether the petitioner is eligible for bail despite the conviction and pending appeal

Subjects

criminal revision
suspension of sentence
bail
summary criminal case
fine payment
conviction

Judgment

2026:BHC-AUG:29020




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                      CRIMINAL APPLICATION NO. 2692 OF 2026
                WITH CRIMINAL REVISION APPLICATION NO. 190 OF 2026

                                       Kishor Tukaram Valvi
                                             VERSUS
                                     The State Of Maharashtra

           Mr. Anand Bangar a/w Mr. Uday Sharma, Mr. Danish Khatik and Mr. Mohit
           Gavali, Advocate for applicant
           Ms. P. J. Bharad, APP for respondent-State

                                                CORAM      : R. M. JOSHI, J.
                                                DATE       : 17th JULY, 2026

           PER COURT :-


           1.           Learned Counsel for applicant submits that pursuant to the

           judgment and conviction against present applicant by order dated

           12.02.2020 passed in Summary Criminal Case No. 566 of 2017 and

           rejection of the Criminal Appeal No. 8 of 2020, appellant has been taken

           in custody and has been in jail for the past 26 days.


           2.           Learned Counsel for applicants submits that the Trial Court

           has failed to take into consideration the factual aspects which appeared

           from the record. It is his contention that the offences said to have been

           proved against the present appellant are punishable with fine also. It is

           his submission that in absence of any special reason for substantive

           sentence against the applicant, the applicant has fair chance of success



           919-Cri Appln-2692-2026.odt                                         1 of 2
in this revision. He, therefore, seeks suspension of substantive sentence

imposed against applicant. He submits that fine amount has already

deposited before the Trial Court.


3.                 Learned APP opposed to grant any relief to the applicant.


4.                 Prima facie perusal of the record indicates that applicant has

fair chance of success in the appeal. In any case, offence proved against

applicant do not mandate substantive sentence. Hence, the order



                                         ORDER

              i)      Criminal Application is allowed.

              ii)   Substantive sentence imposed by Judicial
              Magistrate First Class, (2nd Court), Nandurbar in S.C.C.
              No. 566 of 2017 and confirmed by the Additional
              Sessions Judge, Nandurbar in Criminal Appeal No. 08 of
              2020 is suspended till conclusion of the present
              revision.

              iii) Appellant be released on bail on P.R. Bond of Rs.
              15,000/- with one solvent surety in the like amount.

              iv)      Bail before trial Court.




                                                            (R. M. JOSHI, J.)

B. S. Joshi




919-Cri Appln-2692-2026.odt                                                 2 of 2

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