Bombay High Court
KAILASH SUKHDEO SHENDEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The sentence is suspended until the appeal is finally heard and the applicant is released on bail subject to conditions.
Summary
Kailash Sukhdeo Shende was convicted by a Special Judge under Section 74 of the Bombay Narcotic Substances Act and Sections 3(1)(w)(i) and 3(2)(v‑a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, receiving a one‑year imprisonment. He filed a criminal application seeking suspension of the sentence and bail pending his appeal (Criminal Appeal No. 746 of 2026). The State opposed, arguing that a full conviction had been recorded. The High Court, noting the short term of imprisonment and the likely delay in hearing the appeal, allowed the application, suspending the sentence until the appeal is decided and granting bail on a personal bond with sureties, subject to conditions. The order also directed the applicant to appear before the trial court every six months and provided for cancellation of bail upon default.
Issues considered
- Whether a sentence of one year imprisonment can be suspended pending the final hearing of an appeal
- Whether bail can be granted to a convicted person after sentencing under the SC/ST (Prevention of Atrocities) Act and the Bombay Narcotic Substances Act
Legislation cited
- Bombay Narcotic Substances Act — s. 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(w)(i), 3(2)(v‑a)
Subjects
- suspension of sentence
- bail pending appeal
- SC/ST (Prevention of Atrocities) Act
- conviction
- short term imprisonment
Judgment
2026:BHC-AUG:43318
917(A)-Cri-apln-3729-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
917 CRIMINAL APPLICATION NO. 3729 OF 2026
IN APEAL/746/2026
KAILASH SUKHDEO SHENDE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.…
Mr. Dadasaheb Raosaheb Adhav, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent No.1 - State
Mr. Jitendra S. Jain, Advocate (Appointed) for Respondent No.2
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 23 September, 2026
PER COURT :-
1. This is an application for suspension of sentence and
grant of bail in consequence to the judgment and order of
conviction awarded by learned Special Judge for S.C. & S.T.
(Prevention of Atrocities) Act / Additional Sessions Judge,
Ahmednagar, for the offence under Section 74 of B.N.S. and under
Sections 3(1)(w)(i), 3(2)(v-a) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, in Special Case No. 33 of
2026 dated 18.08.2026.
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(( 2 )) 917(A)-Cri-apln-3729-2026
2. Learned counsel for applicant submits that the applicant
was tried vide above special case and came to be convicted vide above
judgment and order for the offence under Section 74 of B.N.S. and
under Sections 3(1)(w)(i), 3(2)(v-a) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, He has been
sentenced to suffer one year imprisonment. According to him,
applicant was on bail during trial. Fine amount is paid. As appeal is of
2026, much time is required to hear the appeal, relief of suspension
of sentence and grant of bail is urged for.
3. Learned APP as well as learned counsel for respondent
No.2, both opposed on the ground that on full fledged trial conviction
has been recorded.
4. After considering the above submissions, taking into
account the short term sentence of one year imprisonment and that
appeal is of 2006, may not be heard in near future, relief as prayed
deserves to be granted. Hence, the following order:-
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the applicant Kailash
Sukhdeo Shende by the learned Judge, Special Judge for
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(( 3 )) 917(A)-Cri-apln-3729-2026
S.C. & S.T. (Prevention of Atrocities) Act / Additional
Sessions Judge, Ahmednagar, in Special Case No.33 of
2026 dated 18.08.2026, stands suspended till final hearing
and disposal of Criminal Appeal No.746 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.
(viii) Fees of learned counsel Mr. Jitendra S. Jain, appointed for
respondent No.2, be paid by the High Court Legal Services
Sub-Comittee, Aurangabad, as per Rules.
[ ABHAY S. WAGHWASE, J. ]
SMS
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