Bombay High Court
SHIVAJI VISHWANATH KALBILE AND ANOTHERversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the six‑month sentence under Section 363 IPC read with Section 34 is to be suspended until the final disposal of the appeal, and bail is granted on bond.
Summary
The applicants, Shivaji Vishwanath Kalbile and Bali @ Kiran Shivaji Kalbile, were convicted by the District Judge‑4 and Additional Sessions Judge, Jalna, for theft under Section 363 read with Section 34 of the IPC and sentenced to six months’ imprisonment. They had earlier been acquitted of rape and other charges. The applicants sought suspension of the sentence and bail pending the hearing of Criminal Appeal No. 769 of 2026, arguing that the short term of imprisonment and the delay in hearing justified relief. The State opposed, contending that a conviction had been recorded and the fine remained unpaid. The High Court, noting the brief sentence and the likelihood of a protracted appeal, allowed the application, suspended the sentence until the appeal is finally decided, and granted bail on a personal bond with sureties, subject to conditions of appearance and non‑commission of further offences.
Issues considered
- Whether a six‑month imprisonment sentence can be suspended pending the final hearing of an appeal.
- Whether bail may be granted to persons convicted and sentenced under the IPC.
- Whether the victim’s age and alleged consensual relationship affect the conviction for theft.
Legislation cited
- Indian Penal Code, 1860 — s. 109, 34, 363, 376, 506
- Protection of Children from Sexual Offences Act — s. 3, 4, 7, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(w)(i)
Subjects
- bail
- suspension of sentence
- appeal pending
- theft
- IPC
- criminal procedure
- short term sentence
- conviction
- acquittal
- PCSO Act
- SC/ST Act
Judgment
2026:BHC-AUG:42794
6-Cri-Apln-3821-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
6 CRIMINAL APPLICATION NO. 3821 OF 2026
IN APEAL/769/2026
1. SHIVAJI VISHWANATH KALBILE
2. BALI @ KIRAN SHIVAJI KALBILE
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Rohit P. Patwardhan, Advocate for Applicants
Mr. S. M. Ganachari, APP for Respondent - State
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 21 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 rendered by learned District Judge-4 and Additional
Sessions Judge, Jalna, District Jalna, in Special Case No.147 of
2019 dated 25.08.2026, convicting the applicants for offence
under Sections 363 read with 34 of I.P.C.
2. Learned counsel for applicants would submit that the
applicants were tried vide above special case for charges under
Sections 363, 376 and 506 read with 34 of I.P.C. Sections 3, 4, 7
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and 8 of the Protection of Children from Sexual Offences Act and
Section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and came to be acquitted from
the offence under Sections 376(n) r/w Section 109 of I.P.C., but came
to be convicted for the offence under Section 363 r/w 34 of I.P.C.
That, though the victim gave her age as 16 years and prosecution
relied on the same, in cross victim had herself admitted that she had
love relations with the accused No.1 and she on her own accord
eloped with him. Therefore, there is good point to be agitated in
appeal. However, appeal is of 2026, there are no chances of hearing
the appeal in near future. He further submitted that the applicants
were on bail during trial. For above reasons, relief of suspension of
sentence and grant of bail is urged for.
3. Learned APP opposed the application on the ground that
on full fledged trial, conviction has been recorded. He also pointed
out that fine amount has not been paid.
4. Considering the above submissions and on going through
the papers, it appears that vide Special Case No.147 of 2019 the
applicants were tried for offence under Sections 363, 376 and 506
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read with 34 of I.P.C. Sections 3, 4, 7 and 8 of the Protection of
Children from Sexual Offences Act and Section 3(1)(w)(i) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989. That, there was acquittal for offence under Sections 376(n)
r/w Section 109 of I.P.C., but came to be convicted for the offence
under Section 363 r/w 34 of I.P.C. Sentence awarded is of six
months imprisonment. Taking the short term sentence and as the
appeal is of 2026, there are no chances of hearing the appeal 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 applicants i.e. (1)
Shivaji Vishwanath Kalbile, (2) Bali @ Kiran Shivaji Kalbile,
by the learned District Judge-4 and Additional Sessions
Judge, Jalna, District Jalna in Special Case No.147 of 2019
dated 25.08.2026 stands suspended till final hearing and
disposal of Criminal Appeal No.769 of 2026.
(iii) The applicants be released on P.R. Bond of Rs.15,000/-
(Rupees Fifteen thousand only) each with two solvent
sureties each in the like amount.
(iv) The applicants shall not commit any criminal activity.
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(v) The applicants shall remain present before the learned trial
Judge once in six months, till final hearing and disposal of
the appeal, commencing from the date they tenders bail
papers and thereafter, the trial Judge to fix dates for their
subsequent appearances.
(vi) In case of two consecutive defaults on the part of the
applicants 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
applicants.
(vii) Bail before the trial Court.
[ ABHAY S. WAGHWASE, J. ]
SMS
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