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Bombay High Court

MANGESH SIDDHARTH JADHAV AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court held that suspension of the sentence and grant of bail pending the final hearing of the appeal are warranted.

Summary

Mangesh Siddharth Jadhav and Siddharth Magan Jadhav were convicted by the Sessions Court in Aurangabad for offences under Sections 326 and 367 of the Indian Penal Code, relating to grievous hurt and kidnapping, arising from a family dispute that escalated into a violent assault with an iron rod. The appellants, who had been on bail during trial, filed a criminal application seeking suspension of the sentence and fresh bail pending the hearing of their appeal (Criminal Appeal No. 719 of 2026). The State opposed, arguing that the conviction was based on a full‑fledged trial and the use of an iron rod caused serious injury. The High Court, after reviewing the record and noting that the appeal would not be heard shortly, granted the relief, suspending the sentence until the appeal is finally decided and releasing the appellants on bail with conditions. The order also stipulated periodic appearances before the trial court and provisions for cancellation of bail upon default.

Issues considered

  • Whether a sentence imposed on conviction for offences under Sections 326 and 367 IPC can be suspended pending the final disposal of an appeal.
  • Whether bail can be granted to convicted persons for grievous hurt and kidnapping after conviction but before appeal is heard.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • grievous hurt
  • kidnapping
  • criminal appeal
  • IPC

Judgment

2026:BHC-AUG:39702


                                                                               CriAppln-3571-2026 (corrected)
                                                                  -1-

                      (Note : This order is corrected pursuant to speaking to the minutes of order dated 01.09.2026)

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD
                                    CRIMINAL APPLICATION NO. 3571 OF 2026
                                                     IN
                                       CRIMINAL APPEAL NO. 719 OF 2026

                 1.        Mangesh Siddharth Jadhav
                           Age: 32 years, Occu.: Nil,

                 2.        Siddharth Magan Jadhav
                           Age: 50 years, Occu.: Tailor,
                           R/o. Near Savitribai Phule
                           High School, Bhausing Pura,
                           Aurangabad                                                     … Applicants
                                                                                           [Accused]
                                    Versus

                 .         The State of Maharashtra
                           Through the Officer in charge,
                           of Chavani Police Station, Aurangabad.                         … Respondent

                                                                  …..
                 Mr. Pravin D. Jadhav, Advocate for the Applicants.
                 Mr. S. M. Ganachari, APP for the Respondent-State.
                                                                  .....

                                                      CORAM :             ABHAY S. WAGHWASE, J.
                                          RESERVED ON : 29.08.2026
                                       PRONOUNCED ON : 31.08.2026

                 ORDER :


                 1.        Instant application is for suspension of sentence awarded in

                 Sessions Case No. 457 of 2023 dated 14.08.2026 for offence under

                 Sections 326, 367 of the Indian Penal Code [IPC] and equally, prayer
                                            CriAppln-3571-2026 (corrected)
                                    -2-

is raised for grant of bail also.


2.    Learned Counsel for the applicants submitted that applicants

were tried vide Sessions Case No.457 of 2023 and they came to be

convicted for offence under Sections 326, 367 of IPC. That, maximum

sentence awarded is of five years and to pay fine amount. Said fine

amount is paid. That, against said judgment and order of conviction,

appeal has been preferred, but the same is of the year 2026 and may

not be heard in immediate near future. That, applicants were on bail

during trial. That, there is incorrect appreciation of evidence. That,

applicants have good case on merits. For such reasons, relief of

suspension of sentence and grant of bail is urged for.


3.    Learned APP opposed the application on the ground that on

full-fledged trial, conviction has been recorded and moreover, there

was use of iron rod for causing grievous injury like fracture.


4.    After considering the above submissions and upon going

through the record, it appears that the applicants were charged with

and tried for the offences punishable under Sections 367, 307, 326,

323, 504 and 506, read with Section 34 of the IPC, in respect of an

occurrence that took place on 13.05.2024. During the said

occurrence, accused Mangesh, accompanied by his friend, came on a
                                             CriAppln-3571-2026 (corrected)
                                  -3-

motorcycle and forcibly took the victim on the motorcycle towards

Bankar Hall, where he was initially assaulted with fists and kicks.

Meanwhile, accused No.3 Siddharth came with his friend with iron

rod and it is alleged that Mangesh and Siddharth assaulted by means

of iron rod on both legs of the informant causing him fracture

injuries. There is medical evidence in the form of evidence of PW7.

Apparently, conviction awarded is only for offence under Sections 326

and 367 of IPC. The accused and the informant appear to be relatives.

It seems that an earlier dispute i.e. involving sister of accused No.1

and daughter of accused No.3 resulted the incident in question. An

appeal has been preferred against the judgment and order of

conviction, however, since the appeal is of the year 2026, it may not

be heard in the immediate near future. Taking into consideration the

above discussion, the relief as prayed deserves to be granted. Hence, I

proceed to pass the following order:


                               ORDER


I.    Criminal Application stands allowed.


II.   The substantive sentence imposed on the applicants viz.,
      (1) Mangesh Siddharth Jadhav and (2) Siddharth Magan Jadhav
      in Sessions Case No. 457 of 2023 by the learned Additional
      Sessions Judge, Aurangabad on 14.08.2026, stands suspended
                                             CriAppln-3571-2026 (corrected)
                                    -4-

      till the final hearing and disposal of Criminal Appeal No.719 of
      2026.


III. The applicants be released on P.R. Bond of Rs.15,000/- (Rupees
      Fifteen Thousand Only) each with two solvent sureties each in
      the like amount.


IV. The applicants shall not commit any criminal activity.


V.    The applicants shall remain present before the learned trial
      Judge once in six months, till final hearing and disposal of the
      appeal, commencing from the date they 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 applicants
      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 bail granted to the applicants.


VII. Bail before the trial court.



                                            [ABHAY S. WAGHWASE, J.]



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