Bombay High Court

JAHIR ISMAIL SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The sentence imposed on the applicant is suspended until the final hearing and disposal of the criminal appeal.

Summary

Jahir Ismail Shaikh was convicted by the Additional Sessions Judge, Ahmedpur, for offences under Sections 397 and 201 of the Indian Penal Code. He filed a criminal application seeking suspension of the sentence on the grounds that he was falsely implicated, the prosecution failed to prove his participation in the robbery, and there was no proper identification of the accused as the faces in CCTV footage were covered and no test identification parade was conducted. The applicant also relied on the principle of parity, noting that similarly situated accused had been granted bail and suspension of sentence in a related application. The High Court examined the record, noted the identification deficiencies and the pending appeal, and held that the sentence should be suspended until the final hearing of the appeal. Accordingly, the court allowed the application, suspended the sentence, granted bail on a personal bond with sureties, and imposed conditions for the applicant's appearance before the trial court.

Issues considered

Whether a sentence can be suspended pending the final hearing of a criminal appeal.
Whether the lack of a test identification parade and obscured CCTV footage justify suspension of the sentence.
Whether the principle of parity with similarly situated accused warrants granting of bail and suspension.

Legislation cited

Indian Penal Code, 1860 — s. 201, 397

Subjects

robbery
disappearance of evidence
suspension of sentence
bail
identification parade
parity
criminal appeal
high court

Judgment

2026:BHC-AUG:43118

Cri-Apln-3857-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

905 CRIMINAL APPLICATION NO. 3857 OF 2026
IN
CRIMINAL APPEAL NO. 302 OF 2025
JAHIR ISMAIL SHAIKH
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Satej S. Jadhav, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent – State
.…

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 22 September, 2026
PRONOUNCED ON : 23 September, 2026
O R D E R :-

1. The present application is for suspension of sentence

awarded in Sessions Case No. 16 of 2024 vide judgment and order

dated 19.03.2025, passed by learned Additional Sessions Judge,

Ahmedpur, District Latur, recording guilt of the applicant for

offence under Sections 397 and 201 of I. P. C.

2. Learned counsel for applicant submits that the

applicant was falsely involved in the case. That, prosecution failed

to conclusively prove that accused was party to the act of robbery

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and even there was no any convincing evidence, learned trial Court

has recorded guilt. Learned counsel for applicant would emphasize

that present application is pressed on the ground of parity as similarly

situated accused stood in the theory of grant of suspension of

sentence and bail by order dated 28.08.2026 in Criminal Application

No. 3170 of 2026. Therefore, on similar grounds similar relief is

pressed.

3. Learned APP pointed out that the applicant is convicted

on full full fledged trial.

4. After going through the record, it appears that the

applicant was tried vide Sessions Case No. 16 of 2014. There is no

dispute that conviction came to be recorded by judgment and order

dated 19.03.2025, holding the applicant guilty for the offence under

Sections 397 and 201 of I.P.C. As pointed out, it does emerge that

three persons are shown to be involved, but they were allegedly

covered their faces. There is only an evidence of CCTV footage,

wherein also faces of these three persons are shown to be completely

covered. Undisputedly, Test Identification parade has not been

conducted. Therefore, there is issue about identification of accused

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persons. Appeal has been preferred against conviction, but the same is

of 2026, it will take sufficiently long period to be heard and decided.

Coupled with the ground of parity, 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 Jahir
Ismail Shaikh, by the learned Additional Sessions Judge,
Ahmedpur, District Latur in Sessions Case No.16 of 2024 ,
dated 19.03.2025, stands suspended till final hearing and
disposal of Criminal Appeal No.302 of 2025.

(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

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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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