SUNIL VITTALRAO BIRAJDARversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:2915
                                                                   919-APPLN-348-2026.odt




                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                       CRIMINAL APPLICATION NO. 348 OF 2026
                                 IN REVN/34/2026

                                  Sunil Vittalrao Birajdar
                                         VERSUS
                                 The State Of Maharashtra
                                             ...
          Mr. A. D. Kulkarni, Advocate for Applicant
          Mr. S. G. Sangle, APP for Respondents
                                            ***

                                            CORAM : ABHAY S. WAGHWASE, J
                                            DATE  : JANUARY 23, 2026

          PC :

          1.          Present application is for suspension of sentence and grant

          of bail as a result of conviction recorded by learned Judicial Magistrate

          First Class, Omerga, Dist. Dharashiv in Summary Criminal Case No.

          56/2008 vide judgment and order dated 06.02.2015 and further

          confirmed by learned Additional Sessions Judge, Omerga, Dist.

          Dharashiv in Criminal Appeal No.05.2015 vide judgment and order

          dated 21.01.2026.


          2.          Learned Counsel for the Applicant submits that, present

          Applicant has been tried for offences under Sections 279, 304-A, 337 of

          the Indian Penal Code. That, learned Judicial Magistrate First Class,

          Omerga was pleased to convict the Applicant for above offence. The said

          judgment was challenged before learned Additional Sessions Judge,

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Omerga by filing Criminal Appeal No. 05/2015, however, even learned

First Appellate Court was pleased to confirm the conviction and reject

the appeal, against which, present Revision has been filed. He submits

that Applicant has been taken into custody by virtue of above orders.

That, in Trial Court as well as before Appellate Court Applicant was on

bail. That, during the pendency of the Revision, present Application for

bail is pressed into service. That, Applicant has good case on merit in

Revision and has every hope in succeeding the case. According to him,

there are several infirmities in the impugned judgment and order.

However, as much more time would be required to hear Revision, he

urges to grant of bail.


3.          Learned APP for Respondent/State strongly opposes the

Application on the ground that, serious offences has been committed by

Applicant and there are several deaths in the accident and he submits

that, Revision can be taken up earlier, if so desire.


4.          After considering the above submissions and on going

through the papers, it appears that, learned JMFC has awarded the

conviction, which was confirmed by the learned Appellate Court. It

seems that, maximum sentence awarded to the Applicant is of 3

months. There is no adverse remark found and fine amount is said to be

paid.

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5.            In the light of above and considering the nature of

proceedings and as Revision is yet to be heard, relief of bail deserves to

be granted.


6.            In view of above, following order:

                                 ORDER

     (a)   Criminal Application stands allowed.

     (b)   Substantive sentence imposed on applicant by learned
           Judicial Magistrate First Class, Omerga, Dist.
           Dharashiv in Summary Criminal Case No. 56/2008 vide
           judgment and order dated 06.02.2015 and further
           confirmed by learned Additional Sessions Judge,
           Omerga, Dist. Dharashiv in Criminal Appeal No.05/2015
           vide judgment and order dated 21.01.2026, stands
           suspended till the final hearing and disposal of present
           Criminal Revision Application.

     (c)   The applicant be released on bail on P.R. Bond of Rs.
           15,000/- (Rupees fifteen thousand only) with one solvent
           surety in the like amount.

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

     (e)   Bail before trial Court.


                                                (ABHAY S. WAGHWASE, J.)
Umesh




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