Bombay High Court

RAHUL ADINATH BANAGARversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court held that, given the three‑year sentence and the expected delay in hearing the appeal, the sentence should be suspended and bail granted pending the final disposal of the appeal.

Summary

Rahul Adinath Bangar was convicted by the Additional Sessions Judge, Beed, in Sessions Case No.104 of 2020 for offences under Sections 353, 332 and 506 of the Indian Penal Code and Section 4 of the Maharashtra Medicare Service Persons and Medicare Service Institutions Act, and was sentenced to three years' imprisonment. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of Criminal Appeal No.647 of 2026. The State opposed, arguing that a full trial conviction had been recorded. The High Court, noting the length of the sentence and the anticipated delay in hearing the appeal, allowed the application, suspending the sentence until the appeal is finally 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.

Issues considered

Whether a sentence of imprisonment can be suspended pending the final hearing of a criminal appeal.
Whether bail can be granted to a convicted appellant when the appeal is likely to be delayed.

Legislation cited

Indian Penal Code, 1860 — s. 332, 353, 506
Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damages or Loss to Property) Act — s. 4

Subjects

bail
suspension of sentence
criminal appeal
conviction
IPC
Maharashtra Medicare Service Persons Act
trial delay

Judgment

2026:BHC-AUG:38801


                                                              906-Cri-Appln-3278-2026.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                         906 CRIMINAL APPLICATION NO. 3278 OF 2026
                                    IN APEAL/647/2026

                                    RAHUL ADINATH BANAGAR
                                              VERSUS
                                  THE STATE OF MAHARASHTRA
                                                .…
                 Mr. Shashikant E. Shekade, Advocate for Applicant
                 Mr. S. M. Ganachari, APP for Respondent – State
                                                .…

                                   CORAM : ABHAY S. WAGHWASE, J.

                                      DATE : August 28, 2026
                 PER COURT :-


                 1.         Instant application is for suspension of sentence and

                 grant of bail in consequent to the judgment and order of

                 conviction awarded by learned Additional Sessions Judge, Beed, in

                 Sessions Case No.104 of 2020 dated 01.07.2026.


                 2.         Learned counsel for 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 506 of I. P. C. and under Section 4 of

                 Maharashtra Medicare Service Persons and Medicare Service

                                                                                   1 of 3
                                      (( 2 ))       906-Cri-Appln-3278-2026




Institutions (Prevention of Violence and Damages or Loss to Property)

Act.     He has been sentenced to suffer three years imprisonment.

According to him, applicant was on bail during trial. As appeal is of

2026, as 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 on full fledged

trial conviction has been recorded.


4.             After considering the above submissions, taking into

account sentence of three years 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 Rahul
               Adinath Bangar by the learned Additional Sessions Judge,
               Beed, in Sessions Case No.104 of 2020 dated 01.07.2026
               stands suspended till final hearing and disposal of Criminal
               Appeal No.647 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.

                                                                              2 of 3
                                      (( 3 ))       906-Cri-Appln-3278-2026




      (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. ]



SMS




                                                                              3 of 3

Continue reading with your account

Checking your session…