Bombay High Court

NILESH SUNIL PENDURKARversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court held that, given the short sentence and pending appeal, the sentence should be suspended and bail granted.

Summary

The applicant, Nilesh Sunil Pendurkar, was convicted by an Additional Sessions Judge in Ahmednagar for offences under Sections 353 and 332 of the Indian Penal Code, receiving a three‑month imprisonment and a fine, which has been paid. An appeal (Criminal Appeal No.703 of 2026) was filed, and the applicant sought suspension of the sentence and bail pending the final hearing of the appeal. The State opposed, arguing that a full trial conviction had already been recorded. The High Court, noting the short term of imprisonment and the likely delay in hearing the appeal, granted the relief sought, suspending the sentence until the appeal is decided and releasing the applicant on a personal bond with sureties. Conditions were imposed, including regular appearances before the trial court and the possibility of bail cancellation upon default.

Issues considered

Whether a sentence of three months imprisonment can be suspended pending the final disposal of a criminal appeal.
Whether bail can be granted to a convicted person while the appeal is pending.

Legislation cited

Indian Penal Code, 1860 — s. 332, 353

Subjects

suspension of sentence
bail
criminal appeal
IPC
short sentence
pending appeal

Judgment

2026:BHC-AUG:38537


                                                              918-Cri-Apln-3544-2026.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                         918 CRIMINAL APPLICATION NO. 3544 OF 2026
                                    IN APEAL/703/2026
                                  NILESH SUNIL PENDURKAR
                                             VERSUS
                                THE STATE OF MAHARASHTRA
                                               .…
                 Ms Shilpa Aurangabadkar h/f Mr. Satej S. Jadhav, Advocate for
                 Applicant
                 Ms C. R. Chaudhari – Kutti, 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.19 of 2020, dated 05.08.2026.


                 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 and 332 of I.P.C. Sentence awarded is maximum

                 three months imprisonment and pay fine. Against the same,

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

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 three 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 Nilesh
             Sunil Pendurkar by the learned Additional Sessions Judge,
             Ahmednagar in Sessions Case No.19 of 2020 dated
             05.08.2026 stands suspended till final hearing and disposal
             of Criminal Appeal No.703 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.

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      (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




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