Bombay High Court

PADMAKAR SADASHIV BAGADEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The Court allowed the application and suspended the substantive sentence until the final hearing and disposal of the criminal revision application.

Summary

The High Court considered an application (Criminal Application No.4070/2026) seeking suspension of the substantive sentence imposed on Padmakar, who had been convicted under Sections 279 and 337 of the IPC by the JMFC, Kaij (SCC No.102/2011) and affirmed by the Additional Sessions Judge, Ambajogai (Criminal Appeal No.60/2015). The applicant argued that the pending revision (Criminal Revision Application No.338/2019) would take considerable time and that the sentence should be stayed pending its final decision. The State opposed, citing the concurrent findings of the lower courts. The Court, noting the quantum of the sentence and the delay inherent in the revision process, ordered that the sentence be suspended, the applicant released on a personal bond, and the non‑bailable warrant issued on 28.08.2026 be recalled. The revision application was scheduled for hearing on 19.10.2026.

Issues considered

Whether the substantive sentence imposed on the applicant should be suspended pending the final disposal of the pending criminal revision application.
Whether the non‑bailable warrant issued against the applicant should be recalled.

Legislation cited

Indian Penal Code, 1860 — s. 279, 337

Subjects

sentence suspension
criminal revision
non-bailable warrant
IPC 279
IPC 337
bail
criminal procedure

Judgment

                               *1*                     58revn338o19


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

         CRIMINAL APPLICATION NO.4070 OF 2026
                         IN
     CRIMINAL REVISION APPLICATION NO. 338 OF 2019
                        WITH
         CRIMINAL APPLICATION NO. 3868 OF 2019
                   IN REVN/338/2019

           PADMAKAR S/O. SADASHIV BAGADE
                       VERSUS
             THE STATE OF MAHARASHTRA
                              …
Shri Swami Sandeep C., Advocate for the Applicant.
Shri A.A.A. Khan, APP for the Respondent/ State.
                              ...

                  CORAM : SUSHIL M. GHODESWAR, J.

                  DATE : 05 October 2026

P. C. :-

1.          This Court, vide order dated 28.08.2026, has issued

the Non Bailable Warrant against the applicant because his

sentence was not suspended.


2.          Today, Criminal Revision Application No.338/2019

is on the board wherein, the applicant has challenged the

judgment and order dated 16.07.2015 passed by the learned

JMFC, Kaij, in SCC No.102/2011 whereby, the applicant has

been convicted for the offences punishable under Sections 279

and 337 of the Indian Penal Code. This judgment and order dated
                                 *2*                      58revn338o19


16.07.2015 is confirmed in Criminal Appeal No.60/2015 by the

learned Additional Sessions Judge, Ambajogai.


3.           When the matter is called out, the learned advocate

for   the   applicant    has   tendered    Criminal   Application

No.4070/2026 praying for suspending the substantive sentence

imposed vide the impugned judgment and order.


4.           Hence, Criminal Application No.4070/2026, which

is not on the Board, is taken up for hearing.


5.           The learned advocate for the applicant states that the

revision is having strong valid grounds and there are bright

chances of success in revision. He, therefore, prays for

suspending the sentence till the final decision of the instant

revision application.


6.           The learned APP opposes the application and

submits that there are concurrent findings of the Courts below.


7.           Considering the quantum of sentence, nature of

allegations and the fact that the revision having been filed in

2019 would take sufficiently long time to be heard and decided,

the sentence needs to be suspended. Hence, I proceed to pass the
                                       *3*                     58revn338o19


      following order :-


                                   ORDER


      (i)          Criminal Application No.4070/2026 is allowed.


      (ii)         The substantive sentence imposed on the applicant

      vide the impugned judgment and order, stands suspended till the

      final hearing and disposal of the Criminal Revision Application.


      (iii)        The applicant be released on P.R. Bond of

      Rs.25,000/- (Rs. Twenty Five thousand only) with one solvent

      surety in the like amount.


      (iv)         Bail before the trial Court.


      (v)          The order dated 28.08.2026 issuing Non Bailable

      Warrant is recalled.


      8.           The Criminal Revision Application be listed for

      hearing on 19.10.2026.


      9.           Call for the record and proceedings from the

      concerned Court.


kps                             ( SUSHIL M. GHODESWAR, J. )

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