Bombay High Court

SHAIKH MOHAMMAD SHAIKH ISAKversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The sentence imposed under Section 498-A is suspended until the final hearing and disposal of the pending appeal, and bail is granted on bond.

Summary

Shaikh Mohammad Shaikh Isak was convicted by the Additional Sessions Judge, Latur, for an offence under Section 498-A of the Indian Penal Code and sentenced to two years' imprisonment, while being acquitted of Sections 306 and 304-B. He filed a criminal application seeking suspension of the sentence and bail, arguing that the appeal (Criminal Appeal No. 658 of 2026) would take a long time to be decided and that the prosecution had not clearly demonstrated the purpose of the alleged demand. The State opposed, contending that a full trial had resulted in conviction. The High Court, noting that the appellant was already on bail during trial and that the appeal would not be heard soon, allowed the application, suspending the sentence pending the final hearing of the appeal and granting bail on a personal bond of Rs.15,000 with sureties, subject to conditions of appearance and non‑commitment of further offences.

Issues considered

Whether a sentence imposed for an offence under Section 498-A IPC may be suspended pending the final disposal of a pending criminal appeal
Whether bail can be granted to the convicted appellant under the circumstances

Legislation cited

Indian Penal Code, 1860 — s. 304-B, 306, 498-A

Subjects

criminal law
suspension of sentence
bail
Section 498-A
appeal
Indian Penal Code

Judgment

2026:BHC-AUG:39514

4(B)-Cri-Appln-3354-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

4 CRIMINAL APPLICATION NO. 3354 OF 2026
IN APEAL/658/2026

SHAIKH MOHAMMAD SHAIKH ISAK
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Kiran T. Jamdar, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent - State
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : August 31, 2026
PER COURT :-

1. Heard.

2. This is an application for suspension of sentence

awarded by learned Additional Sessions Judge, Latur, District

Latur, in Sessions Case No.1 of 2021, dated 22.07.2026, recording

conviction of the appellant for the offence under Section 498-A of

I.P.C.

3. Learned counsel for applicant submits that, applicant

was charge-sheeted and tried for offence under Section 498-A,

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306, 304-B read with 34 of I.P.C. That, he came to be acquitted for

charges under Section 306 and 304-B of I.P.C. However, conviction is

recorded for offence under Section 498-A of I.P.C. That, maximum

sentence awarded is of two years imprisonment. Appeal has been

preferred against the aforesaid judgment and order of conviction,

however, it being of 2026, will take sufficiently long period to decide.

According to him, there is only a solitary instance of demand,

however, the purpose for which such demand was made has not been

clearly demonstrated by the prosecution during trial. For the above

reasons, he urges for relief of suspension of sentence and grant of

bail.

4. Learned APP would oppose on the ground that on full

fledged trial conviction has been recorded. There is harassment in

the form of demand.

5. After considering the above submissions and on going

through the papers, it appears that the applicant was tried for the

offence under Section 498-A of I.P.C., by judgment and order

22.07.2026 passed by learned Additional Sessions Judge, Latur,

District Latur. He seems to be acquitted from the charges under

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(( 3 )) 4(B)-Cri-Appln-3354-2026

Sections 306 and 304-B of I.P.C. However, conviction seems to have

been recorded for offence under Section 498-A of I.P.C. Sentence

awarded is of two years imprisonment. Taking the same into

consideration, as well as the statement made across the Bar that the

applicant was on bail during trial and that the appeal being of the

year 2026, is not likely to 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 Shaikh
Mohammad Shaikh Isak, by the learned Additional Sessions
Judge, Latur, District Latur in Sessions Case No.1 of 2021
dated 22.07.2026 stands suspended till final hearing and
disposal of Criminal Appeal No.658 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.

(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.

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(( 4 )) 4(B)-Cri-Appln-3354-2026

(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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