Bombay High Court

NAJMEEN DASTAGIR SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court suspended the one‑year imprisonment and granted bail on a personal bond pending the final hearing of the appeal.

Summary

The applicant, Najmeem Dastagir Shaikh, was convicted by a Fast Track Special Court in Dharashiv for an offence under Section 137(2) of the Bombay Nursing Service, receiving a one‑year imprisonment and a fine, which he had already paid. He had been on bail during the trial and filed an application seeking suspension of the sentence and release on bail pending the hearing of his appeal (Criminal Appeal No. 737 of 2026). The State opposed, citing the applicant’s criminal antecedents and the conviction. The High Court considered the short term of imprisonment and the likely delay in hearing the appeal, and ordered that the sentence be suspended until the appeal is finally decided and that the applicant be released on a personal bond of Rs 15,000 with two sureties, subject to conditions. The order also stipulated periodic appearances before the trial court and provisions for cancellation of bail upon default.

Issues considered

Whether a sentence of one year imprisonment for an offence under Section 137(2) of the Bombay Nursing Service may be suspended pending the final disposal of the appeal.
Whether bail can be granted to a convicted person with prior criminal antecedents while the appeal is pending.

Legislation cited

Bombay Nursing Service — s. 137(2)

Subjects

bail
suspension of sentence
appeal pending
criminal procedure
Section 137(2) B.N.S.
short term imprisonment

Judgment

2026:BHC-AUG:43314


                                                              914-Cri-Appln-3201-2026.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                         914 CRIMINAL APPLICATION NO. 3201 OF 2026
                                    IN APEAL/737/2026

                                   NAJMEEN DASTAGIR SHAIKH
                                              VERSUS
                                  THE STATE OF MAHARASHTRA
                                                .…
                 Mr. Prashant B. Jadhav, Advocate (Through Legal Aid) for
                 Applicant
                 Mr. N. D. Raje, APP for Respondent - State
                                                .…

                                   CORAM : ABHAY S. WAGHWASE, J.

                                      DATE : 23 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 awarded by learned Judge, Fast Track Special Court,

                 Dharashiv (Osmanabad), for the offence under Section 137(2) of

                 B. N. S., in Special Case (ATRO) No. 13 of 2025 dated 02.05.2026.


                 2.         Learned counsel for applicant submits that the

                 applicant was tried vide above special case and came to be

                 convicted vide above judgment and order for the offence under

                 Sections 137(2) of B.N.S. He has been sentenced to suffer one

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year imprisonment. According to him, applicant was on bail during

trial. Fine amount is paid. As appeal is of 2026, much 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 applicant has

criminal antecedents, therefore, on full fledged trial conviction has

been recorded.

4.           After considering the above submissions, taking into

account the short term sentence of one year imprisonment and that

appeal is of 2006, 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
             Najmeem Dastagir Shaikh by the learned Judge, Fast Track
             Special Court, Dharashiv (Osmanabad) in Special Case
             (ATRO) No.13 of 2025 dated 02.05.2026, stands suspended
             till final hearing and disposal of Criminal Appeal No.737 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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      (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. ]

SMS




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