Bombay High Court

BALASAHEB EKNATH CHENDWALversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court held that suspension of the six‑month sentence and grant of bail pending the final hearing of the appeal is warranted.

Summary

Balasaheb Eknath Chendwal was convicted by the Sessions Judge, Ahmednagar, in Sessions Case No. 86 of 2024 for an offence under Section 353 of the Indian Penal Code, receiving a six‑month imprisonment and a fine which has been paid. He had been on bail during the trial and filed a criminal application seeking suspension of the sentence and release on bail pending the hearing of his appeal (Criminal Appeal No. 751 of 2026). The State opposed the application, arguing that a conviction on a full trial should not be set aside. 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 finally decided and granting bail on a personal bond of Rs.15,000 with two sureties, subject to conditions of appearance and non‑commission of further offences.

Issues considered

Whether a sentence of six months imprisonment can be suspended pending the final disposal of an appeal.
Whether bail can be granted to a convicted person after conviction but before the appeal is heard.

Legislation cited

Indian Penal Code, 1860 — s. 353

Subjects

bail
suspension of sentence
appeal pending
Section 353 IPC
criminal application
conviction
High Court

Judgment

2026:BHC-AUG:41973

912-(B)-Cri-Appln-3749-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

912 CRIMINAL APPLICATION NO. 3749 OF 2026
IN APEAL/751/2026

BALASAHEB EKNATH CHENDWAL
VERSUS
THE STATE OF MAHARASHTRA
.…
Ms Suvarna M. Zaware, Advocate for Applicant
Ms Chaitali R. Chaudhari - Kutti, APP for Respondent - State
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : 10 September, 2026
PER COURT :-

1. Heard. This is an application for suspension of

sentence and grant of bail in consequence to the judgment and

order of conviction recorded by learned Sessions Judge,

Ahmednagar, in Sessions Case No. 86 of 2024 dated 21.08.2026.

2. Learned counsel for the applicant submits that the

applicant was tried vide above sessions case and came to be

convicted by above judgment and order for the offence under

Section 353 of I.P.C. Sentence awarded is maximum six months

and to pay fine. Fine amount is said to be paid. According to him,

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applicant was on bail during trial. As the appeal is of 2026, much

more time is required to hear the appeal, relief of suspension of

sentence and grant of bail is urged for.

3. Learned APP strongly opposed on the ground that on full

fledged trial conviction has been recorded.

4. After considering the above submissions, taking into

account sentence of six months and that appeal is of 2026, 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 Babasaheb
Eknath Chendwal, by the learned Sessions Judge,
Ahmednagar, in Sessions Case No.86 of 2024, dated
21.08.2026, stands suspended till final hearing and disposal
of Criminal Appeal No.751 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.

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(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

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