Bombay High Court

AKSHYA ASHRUBA GAIKWADversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court exercised its discretion to suspend the sentence and ordered bail pending the criminal revision application.

Summary

The petitioners, two accused convicted under section 65(e) of the Maharashtra Prohibition Act, were sentenced to three years' imprisonment and a fine of Rs.25,000 each by the Judicial Magistrate First Class, Beed, a sentence later confirmed by the Sessions Court. After surrendering, the second accused filed a criminal application seeking suspension of the sentence pending a criminal revision application, invoking liberty granted by the Vacation Court. The learned judge examined the merits of the revision and the procedural propriety of suspending the sentence during its pendency. Finding that there were arguable points in the revision and that the applicant had complied with the court's liberty, the court ordered suspension of the sentence and granted bail on a personal bond of Rs.25,000 with a surety. The criminal application was allowed, disposed, and the revision application was admitted for further hearing.

Issues considered

What is the appropriate discretion of the court to suspend a sentence pending the filing and hearing of a criminal revision application?
Whether bail can be granted after the accused has surrendered following a conviction and confirmation of sentence.

Legislation cited

Maharashtra Prohibition Act — s. 65(e)

Subjects

suspension of sentence
criminal revision
bail
Maharashtra Prohibition Act
conviction
appeal
criminal application

Judgment

                                   -1-

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

           902 CRIMINAL APPLICATION NO. 3535 OF 2026
                       IN REVN/158/2026

                  AKSHYA ASHRUBA GAIKWAD
                           VERSUS
                 THE STATE OF MAHARASHTRA
                            WITH
        CRIMINAL REVISION APPLICATION NO. 158 OF 2026

                SUNIL ASHRUBA SANAP AND ANOTHER
                             VERSUS
                   THE STATE OF MAHARASHTRA

Mr.A.R.Hange h/f Mr.R.G.Hange, Advocate for the Applicant.
Mr.C.V.Bhadane, APP for the Respondent/State.

                    ( CORAM : SUSHIL M. GHODESWAR, J. )

                        DATE : 27th AUGUST, 2026

PER COURT :

               CRIMINAL APPLICATION NO. 3535 OF 2026

1.             This is an application for suspending the sentence passed

by the learned J.M.F.C., Beed in SCC No.733/2017, which was

confirmed by the judgment and order dated 16.05.2026 in Criminal

Appeal No. 77 of 2023 by the learned Sessions Judge, Beed. There are

2 accused persons in the instant crime.




khs/Aug.2026/3535
                                   -2-

2.             After conviction, they have preferred Criminal Application

No.1943/2026 in Criminal Revision Application No.158/2026 before

the Vacation Court of this Bench, and vide order dated 22.05.2026, the

Vacation Judge was pleased to partly allow the Application to the extent

of Applicant No.1 Sunil Sanap, however, liberty was granted to

Applicant No.2 (i.e. the present Applicant) to file fresh application for

suspension of sentence after his surrender. Mr.Hange, the learned

Advocate for the Applicant submits that in pursuance to the aforesaid

order, the Applicant has surrendered before the learned J.M.F.C. on

19.08.2026 and therefore in pursuance to the liberty granted, he has

filed the Application before this Court.



3.             Vide judgment dated 06.09.2023 passed by the learned

J.M.F.C. (Court No.5), Beed in SCC No.733/2017, both the accused

persons came to be convicted u/s 65(e) of the Maharashtra Prohibition

Act and sentenced to suffer imprisonment of 3 years each and to pay

fine of Rs.25,000/-each, in default to suffer SI of 6 months each.   The

said sentence came to be confirmed by the learned Sessions Judge in

Criminal Appeal No.77/2023. The learned Advocate for the Applicant

Mr.Hange Submits that there are strong and arguable points in the


khs/Aug.2026/3535
                                    -3-

Criminal Revision Application and there are chances of succeeding in

Criminal Revision Application.        He, therefore, submits that the

sentenced imposed by the learned Trial Court as well as the Appellate

Court, be suspended during pendency of Criminal Revision Application.



4.             In that view of the matter, sentence awarded by the learned

J.M.F.C., Beed in SCC No.733/2017 is hereby suspended. The Applicant

be released on bail by furnishing PR bond of Rs.25,000/- alongwith one

solvent surety in the like amount. The bail bonds to be executed before

the Trial Court.



5.             The Criminal Application is allowed and disposed of

accordingly.



6.             Criminal Revision Application No.158/2026 is Admitted.

Call for R & P.


                                          ( SUSHIL M. GHODESWAR, J.)




khs/Aug.2026/3535

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