Created by Fuzzy Cloud

Bombay High Court

SURYA ALIAS SURYA SONYA BHAVAREversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The sentence is suspended until the final hearing of the appeal and bail is granted on a personal bond.

Summary

The applicant, Surya Bhavare, was convicted under Section 326 IPC for assault with an axe causing a skull fracture and sentenced to three years and six months imprisonment. He filed a criminal application seeking suspension of the sentence and bail pending his appeal (Criminal Appeal No. 729 of 2026). The High Court noted that the appeal would take considerable time and that the applicant had been on bail during trial and had paid the fine. Accordingly, the court ordered the suspension of the sentence until the appeal is finally heard and granted bail on a personal bond with sureties. The applicant was also directed to appear before the trial court every six months and warned of bail cancellation upon default.

Issues considered

  • Whether the sentence imposed under Section 326 IPC should be suspended pending the final disposal of the appeal
  • Whether bail should be granted to the convicted applicant during the pendency of the appeal

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • IPC 326
  • assault with deadly weapon
  • criminal appeal
  • high court order

Judgment

2026:BHC-AUG:40399


                                                                        CriAppln-3605-2026
                                                   -1-

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
                              CRIMINAL APPLICATION NO. 3605 OF 2026
                                               IN
                                 CRIMINAL APPEAL NO. 729 OF 2026
                 Surya @ Surya Sonya Bhavare (Mavchi)
                 Age: 67 years, Occu.: Agri.,
                 R/o. Kalbapaiki Mavchipada,
                 Tq. Sakri, Dist. Dhule                            … Applicant
                                                                  [Original Accused]
                         Versus

                 The State of Maharashtra                             … Respondent

                                                   …..
                 Mr. Shrikant S. Patil, Advocate for the Applicant.
                 Mr. N. D. Raje, APP for the Respondent-State.
                                                   .....

                                          CORAM :        ABHAY S. WAGHWASE, J.
                                     RESERVED ON : 02.09.2026
                                  PRONOUNCED ON : 04.09.2026

                 ORDER :


                 1.      Instant application is for suspension of sentence awarded in

                 Sessions Case No. 204 of 2022 dated 14.05.2026 by learned

                 Additional Sessions Judge, Dhule for offence under Section 326 of the

                 Indian Penal Code [IPC] and equally, prayer is raised for grant of bail

                 also.


                 2.      Learned Counsel for the applicant submits that applicant was

                 tried by above Sessions Case and he came to be convicted and

                 sentenced to suffer imprisonment for three years and six months i.e.
                                                     CriAppln-3605-2026
                                  -2-

short term imprisonment. That, appeal has been preferred against the

judgment and order of conviction, however, the appeal is of the year

2026. During trial, applicant was on bail. Fine amount is paid and for

above reasons, relief of suspension of sentence and grant of bail is

urged for.


3.     Learned APP opposed the application by pointing out that on

full-fledged trial, conviction has been recorded.


4.     Heard. Perused the papers. In occurrence dated 29.08.2019

there was said to be assault on informant by means of axe, a blow of

which dealt on the head.       PW6 medical expert has noticed fresh

bleeding injury with underlying skull fracture on frontal region.

However, learned trial Court has sentenced the applicant for three

years and six months imprisonment. Considering the same and as

much more time would be required to hear the appeal, which is of the

year 2026, the relief as prayed deserves to be granted. Hence, the

following order is passed :-

                                ORDER


I.    Criminal Application stands allowed.


II.   The substantive sentence imposed on the applicant – Surya @
      Surya Sonya Bhavare (Mavchi) in        Sessions Case No. 204 of
                                                       CriAppln-3605-2026
                                    -3-

      2022 by the learned Additional Sessions Judge, Dhule on
      14.05.2026, stands suspended till the final hearing and disposal
      of Criminal Appeal No.729 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 bail granted to the applicant.


VII. Bail before the trial court.



                                            [ABHAY S. WAGHWASE, J.]



scm


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.