Bombay High Court
VIJAY BANSI JADHAVversusTHE STATE OF MAHARSHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the sentence should be suspended and bail granted pending the final disposal of the appeal.
Summary
The applicant, Vijay Bansi Jadhav, was convicted by a Sessions Court under Sections 75 and 333 of the B.N.S. and sentenced to one year imprisonment with a fine, while he was on bail during trial. He filed a criminal application seeking suspension of the sentence and release on bail pending the hearing of Criminal Appeal No. 594 of 2026. The State opposed, arguing that the conviction was final on full trial. The High Court, noting the short term of imprisonment and the likely delay in hearing the appeal, allowed the application, suspending the sentence until the appeal is decided and granting bail on a personal bond of Rs.15,000 with two sureties, subject to conditions of appearance and non‑commission of further offences. The order also provided for cancellation of bail upon repeated defaults.
Issues considered
- Whether a sentence of one year imprisonment may be suspended pending the final hearing of a criminal appeal.
- Whether bail may be granted to a convicted person while the appeal is pending.
Legislation cited
- B.N.S. — s. 333, 75
Subjects
- suspension of sentence
- bail
- criminal appeal
- conviction
- B.N.S.
- Sections 75
- Section 333
- High Court
- pending appeal
Judgment
2026:BHC-AUG:39979
908-Cri-Apln-2975-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
908 CRIMINAL APPLICATION NO. 2975 OF 2026
IN APEAL/594/2026
VIJAY BANSI JADHAV
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Manik L. Wankhade, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent - State
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 02 September, 2026
PER COURT :-
1. This is an application for suspension of sentence and
grant of bail in consequence to the judgment and order of
conviction rendered by learned Additional Sessions Judge,
Chhatrapati Sambhajinagar, in Sessions Case No.156 of 2025,
dated 02.05.2026, recording conviction of the applicant for the
offence under Sections 75 and 333 of B. N. S.
2. Learned counsel for the applicant submits that the
applicant was tried vide above sessions case and came to be
convicted by above judgment and order for the offence under
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(( 2 )) 908-Cri-Apln-2975-2026
Sections 75 and 333 of B. N. S. Maximum sentence awarded is one
year imprisonment. Fine amount is paid. That, applicant was on bail
during trial. As the appeal is of 2026, much more time is required to
hear the appeal, relief of suspension of sentence and grant of bail is
urged for.
3. Learned APP opposed on the ground that, on full fledged
trial, conviction has been recorded.
4. After considering the above submissions, taking into
account sentence of a year and that appeal being of 2026, may not be
heard in near future, relief as prayed deserves to be granted. Hence,
the following order:-
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the applicant Vijay
Bansi Jadhav by the learned, Chhatrapati Sambhajinagar, in
Sessions Case No. 156 of 2025 dated 02.05.2026 stands
suspended till final hearing and disposal of Criminal Appeal
No.594 of 2026.
(iii) The applicant be released on P.R. Bond of Rs.15,000/-
(Rupees Fifteen thousand only) with two solvent sureties in
the like amount.
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(( 3 )) 908-Cri-Apln-2975-2026
(iv) The applicant shall not commit any criminal activity.
(v) 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.
(vi) 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 the bail granted to the
applicant.
(vii) Bail before the trial Court.
[ ABHAY S. WAGHWASE, J. ]
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