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Bombay High Court

GOVINDU MAHADU KARHALE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The application for bail and suspension of sentence is allowed, with the sentence suspended pending the final decision of the appeal.

Summary

The applicants were convicted under IPC sections 353, 323 and 341 read with Section 34 and sentenced to six months’ simple imprisonment with fines, while being acquitted of other charges. They remained on bail throughout the trial, did not misuse liberty, and surrendered after judgment, subsequently applying for bail and suspension of the sentence pending appeal. The State argued that the conviction was based on proper evidence and the application should be rejected. The Court noted the short term of the sentence, the payment of fines, the applicants' good conduct on bail, and the pending appeal, and therefore allowed the application. The sentence was suspended until the final decision of the appeal and the applicants were released on bail on the same terms as earlier.

Issues considered

  • Whether bail and suspension of a sentence may be granted pending the final decision of an appeal for offences under IPC sections 353, 323 and 341 read with Section 34.
  • Whether the applicants' conduct on bail and payment of fines justify suspension of the sentence.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • IPC
  • common intention
  • appeal
  • criminal procedure

Judgment

2026:BHC-AUG:3577
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          912 CRIMINAL APPLICATION NO. 4171 OF 2025
                                     IN APPEAL/843/2025

                          GOVINDU MAHADU KARHALE AND ANOTHER
                                                          ….Applicants
                                       VERSUS

                                   THE STATE OF MAHARASHTRA
                                                                      …..Respondent

                Mr. A. S. More, Advocate h/f Mr. M. K. Jadhav, Advocate for the
                applicants
                Ms. U. S. Bhosale, APP for the respondents/State

                                     CORAM : RAJNISH R. VYAS, J.
                                        DATE : 28th JANUARY, 2026


                PER COURT :

                1.            This is an application for grant of bail and suspension of

                sentence. The applicants who are accused have been convicted for

                the commission of offences punishable under sections 353, 323, 341

                read with Section 34 of the Indian Penal Code (for short ‘the IPC’).

                For commission of offence punishable under Section 353 of the IPC

                the applicants were directed to suffer simple imprisonment for six

                months and to pay fine of Rs.1000/-, in default to suffer simple

                imprisonment for 10 days. For commission of offence punishable

                under Section 323, similar sentence was imposed. So far as

                commission of offence under Section 341 is concerned, the applicants


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were directed to pay fine of Rs.500/-. Sentences were ordered to run

concurrently. The applicants have been acquitted for commission of

offences punishable under sections 504, 506 read with section 34 of

the IPC and sections 146 punishable under Section 177 of the Motor

Vehicle Act.

2.             Learned advocate for the applicants submitted that all

through out the trial, they were on bail and they did not misuse the

liberty. He further submitted that they cooperated for early

completion of trial. According to him, after pronouncement of

judgment by the learned Additional Sessions Judge, they surrendered

to the custody of the court and thereafter applied for suspension of

sentence, which was granted by the trial court. He further stated that

he has arguable points in the appeal.

3.             Per contra, learned APP has contended that conviction

rendered is based on proper appreciation of evidence and in order to

bring home the charge, the prosecution has examined six witnesses

including PW-1 who was informant. Learned APP further submitted

that cogent and reliable material is available on record and therefore,

the application may not be entertained.

4.             I have given my thoughtful consideration to the

argument advanced, so also I have gone through the record of the

case. Maximum sentence is of six months and the applicants have


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deposited the fine amount. It is not disputed that the applicants were

on bail during the trial and they did not misuse the liberty. Thus,

considering the fact that decision on the appeal will take time and

sentence imposed upon them is of fixed term, I am inclined to allow

the application. There is one more reason to arrive at conclusion that

the applicants are already acquitted for commission of offences

punishable under sections 504, 506 read with section 34 of the IPC

and sections 146 punishable under Section 177 of the Motor Vehicle

Act and therefore, the evidence will have to be tested in the light of

grounds raised in the memo of appeal. As the arguable points are

involved, the application is allowed. Hence the following order is

passed:

                               ORDER

            a]    The criminal application is allowed.

            b]    Sentence    imposed    upon    the   applicants     for

            commission of offences punishable under sections 353,

            323, 341 read with Section 34 of the Indian Penal Code

            in Sessions Case No. 37/2021 dated 17-12-2025, passed

            by the Additional Sessions Judge, Hingoli is hereby

            suspended till final decision of the appeal.




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                  c]        The applicants be released on bail on same terms

                  and conditions as were imposed by the trial court.

                  d]        The application is disposed off accordingly.



                                                [RAJNISH R. VYAS, J. ]

VishalK/912criapln4171.25




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