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Bombay High Court

ULHAS RANJIT DESHMUKHversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court suspended the three‑month sentence and granted bail pending the final hearing of the appeal.

Summary

The applicant, Ulhas Ranjit Deshmukh, was convicted by the Additional Sessions Judge, Bhoom, for an offence under Section 324 of the Indian Penal Code and sentenced to three months' imprisonment. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of Criminal Appeal No. 804 of 2026, arguing that the appeal would take considerable time. The State opposed, contending that a full trial conviction had already been recorded. The High Court, noting the short term of imprisonment and the anticipated 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. The court also imposed conditions that the applicant appear before the trial judge every six months and warned of bail cancellation upon two consecutive defaults.

Issues considered

  • What is the appropriate relief when a convicted person seeks suspension of sentence and bail pending a pending criminal appeal?
  • Whether the court may suspend a sentence and grant bail despite a conviction under Section 324 IPC.

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • criminal appeal
  • Section 324 IPC
  • high court
  • criminal procedure

Judgment

2026:BHC-AUG:45903


                                                             903(A)-Cri-Apln-3998-2026.odt




                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                          903 CRIMINAL APPLICATION NO. 3998 OF 2026
                                     IN APEAL/804/2026

                                   ULHAS RANJIT DESHMUKH
                                               VERSUS
                                  THE STATE OF MAHARASHTRA
                                                  .…
                 Mr. D. P. Munde h/f Mr. S. V. Deshmukh, Advocate for Applicant
                 Mr. S. M. Ganachari, APP for Respondent – State
                                                  .…

                                   CORAM : ABHAY S. WAGHWASE, J.

                                      DATE : 01 October, 2026
                 PER COURT :-


                 1.         This is an application for suspension of sentence and

                 grant of bail in consequent to the judgment and order of

                 conviction recorded by learned Additional Sessions Judge, Bhoom,

                 District Osmanabad, dated 27.08.2026, in Sessions Case No.03 of

                 2017.


                 2.         Learned counsel for applicant submits that the

                 applicant was tried vide above sessions case and came to be

                 convicted vide above judgment and order for the offence under


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Section 324 of I.P.C. He has been sentenced to suffer three months

imprisonment. According to him, applicant was on bail during trial.

As appeal is of 2026, as much time is required to hear the appeal,

relief of suspension of sentence and grant of bail is urged for.


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

trial conviction has been recorded.


4.           After considering the above submissions, taking into

account sentence of three months 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 Ulhas
             Ranjit Deshmukh by the learned Additional Sessions Judge,
             Bhoom, District Osmanabad, in Sessions Case No.03 of
             2017 dated 27.08.2026 stands suspended till final hearing
             and disposal of Criminal Appeal No.804 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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