Bombay High Court
RUPSING SUBHASH RATHODversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the sentence should be suspended pending the final hearing of the appeal and bail granted to the applicant.
Summary
Rupsing Subhash Rathod was convicted by the Special Sessions Judge, Latur, under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act for possession of 6 kg of ganja, receiving a two‑year imprisonment. He was the pillion rider on a motorcycle from which the narcotics were recovered; the rider, accused No.2, is absconding. Rathod filed an appeal (Criminal Appeal No.722 of 2026) but the appeal is unlikely to be heard soon. He applied for suspension of his sentence and bail pending the appeal. The High Court, noting the delay in hearing the appeal and his role as a pillion rider, allowed the application, suspending the sentence until the appeal is disposed and granting bail on a personal bond with sureties and conditions.
Issues considered
- Whether a sentence can be suspended and bail granted pending the final hearing of an appeal against a conviction under the NDPS Act.
- Whether the applicant's status as a pillion rider and the absconding status of the co‑accused justify granting bail.
- What conditions may be imposed on bail in such circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B)
Subjects
- NDPS Act
- bail
- suspension of sentence
- criminal appeal
- pillion rider
- absconding accused
- personal bond
Judgment
2026:BHC-AUG:39947
Cri-Apln-3597-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
904 CRIMINAL APPLICATION NO. 3597 OF 2026
IN APEAL/722/2026
RUPSING SUBHASH RATHOD
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Mukund D. Gitte, Advocate for Applicant
Mr. N. D. Raje, APP for Respondent – State
.…
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 01 September, 2026
PRONOUNCED ON : 02 September, 2026
O R D E R :-
1. This is an application for suspension of sentence and
grant of bail in consequence to the judgment and order of
conviction passed by learned Sessions Judge, Latur, District Latur
in Special (NDSP) Case No.04 of 2016, dated 19.08.2026,
recording conviction for the offence under Sections 20(b) (ii) (B)
of the Narcotic Drugs and Psychotropic Substances (N.D.P. S.) Act.
2. Learned counsel for applicant pointed out that the
applicant was tried vide above sessions case and he came to be
convicted for the offence under Sections 20(b) (ii) (B) of the
N.D.P. S. Act. Sentence awarded is of two years imprisonment.
1 of 3
(( 2 )) Cri-Apln-3597-2026
That, moreover, applicant was pillion rider. Recovery is said to be
from accused No.2, who was riding the motorcycle. He is said to be
absconding. The applicant has preferred appeal against the judgment
and order of conviction. However, it being of 2026, may not be heard
earlier. Consequently, 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 and moreover, there is recovery of
6 kg ganja from the accused persons.
4. Considering the above submission and on going through
the record, it appears that the applicant and one absconding accused,
both were tried by learned Special Judge, Latur, vide Special (NDPS)
Case No.04 of 2016. Statement made across the bar that, applicant
was pillion rider. Moreover, he is shown as accused No.1. It is pointed
out that, accused No.2 who was riding the motorcycle, is absconding
and recovery of red bag is from the tank of the motorcycle i.e. the one
driven by absconding accused. Sentence is of two years. Appeal is of
2026. Therefore, there are no chances of hearing the appeal in near
future. Hence, relief as prayed, deserves to be granted. Accordingly,
following order is passed:-
2 of 3
(( 3 )) Cri-Apln-3597-2026
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the applicant Rupsing
Subhash Rathod, by the learned Sessions Judge, Latur,
District Latur, in Special (NDPS) Case No.04 of 2016, dated
19.08.2026, stands suspended till final hearing and disposal
of Criminal Appeal No.722 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.
(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
3 of 3
Checking your session…