Bombay High Court

SAGAR BALASAHEB MALVEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The sentence was suspended and bail granted pending the final hearing and disposal of the appeal.

Summary

The High Court of Bombay, Aurangabad bench considered an application by Sagar Balasaheb Malve, who had been convicted by an Additional Sessions Judge in Ahmednagar for offences under Sections 353, 332 and 504 of the Indian Penal Code, receiving a six‑month imprisonment and a fine (already paid). An appeal (Criminal Appeal No. 648 of 2026) was pending, and the applicant sought suspension of the sentence and bail pending the final hearing, arguing that the appeal would take considerable time. The State opposed, contending that a full trial conviction had already been recorded. The Court, noting the short term of imprisonment and the anticipated delay in hearing the appeal, granted the relief, suspending the sentence until the appeal is disposed and releasing the applicant on a personal bond with sureties, subject to conditions. The order also stipulated periodic appearances before the trial court and provisions for bail cancellation upon defaults.

Issues considered

Whether a sentence can be suspended and bail granted pending the final disposal of a criminal appeal.
Whether the delay in hearing the appeal justifies suspension of the sentence.

Legislation cited

Indian Penal Code, 1860 — s. 332, 353, 504

Subjects

suspension of sentence
bail
criminal appeal
IPC offences
high court order

Judgment

2026:BHC-AUG:38534

907-Cri-Apln-3257-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

907 CRIMINAL APPLICATION NO. 3257 OF 2026
IN APEAL/648/2026
SAGAR BALASAHEB MALVE
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Prashant B. Jadhav, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent – State
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : August 25, 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 Additional Sessions Judge,

Ahmednagar in Sessions Case No.124 of 2022, dated 10.06.2026.

2. Learned counsel for the applicant submits that the

applicant was tried vide above sessions case and came to be

convicted vide above judgment and order for the offence under

Sections 353, 332 and 504 of I.P.C. Sentence awarded is

maximum six months imprisonment and pay fine. Against the

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same, appeal has been preferred. Fine amount is paid. According to

him, applicant was on bail during trial. As 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.

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

trial conviction has been recorded.

4. After considering the above submissions and taking into

account the sentence of six months imprisonment, as well as the fact

that the appeal is of 2026, may not be heard in near future, the relief

as prayed for deserves to be granted. Hence, the following order:-

ORDER

(i) Criminal Application stands allowed.

(ii) The substantive sentence imposed on the applicant Sagar
Balasaheb Malve by the learned Additional Sessions Judge,
Ahmednagar in Sessions Case No.124 of 2022 dated
10.06.2026 stands suspended till final hearing and disposal
of Criminal Appeal No.648 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.

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

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(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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