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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

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.          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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               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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