Bombay High Court

IQBAL KHAN MOBIN KHAN PATHANversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: ABHAY S WAGHWASE

Holding

The sentence imposed on the applicant is suspended until the final hearing and disposal of the criminal revision, and bail is granted on a personal bond.

Summary

Iqbal Khan Mobin Khan Pathan was convicted under Section 509 of the IPC by the Chief Judicial Magistrate, Sillod, and sentenced to two months' imprisonment and a fine, which he paid. He remained on bail throughout the trial and the first appeal, which was dismissed, confirming the conviction. While a criminal revision is pending before the High Court and no hearing date is imminent, the applicant sought suspension of the sentence and bail. The State opposed, citing the affirmed conviction. The High Court, noting the applicant's bail status, payment of fine, and lack of any misuse of liberty, allowed the application, suspending the sentence until the revision is decided and granting bail on a personal bond. The order disposes of the application.

Issues considered

Whether a sentence can be suspended pending the final hearing of a criminal revision when the accused is already on bail and has paid the fine.

Legislation cited

Indian Penal Code, 1860 — s. 509

Subjects

bail
suspension of sentence
criminal revision
IPC 509
conviction
fine paid
personal bond

Judgment

2026:BHC-AUG:5175


                                                                    CriAppln-541-2026
                                                -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CRIMINAL APPLICATION NO. 541 OF 2026
                                            IN
                        CRIMINAL REVISION APPLICATION NO. 44 OF 2026

                Iqbal Khan Mobin Khan Pathan
                Age : 35 years, Occ : Labour,
                R/o. Idgah Nagar, Sillod,
                Taluka and District Chhatrapati Sambhajinagar. … Applicant
                                                               [Orig. Accused]
                      Versus


                The State of Maharashtra
                Through Police Station, Sillod,
                Taluka and District Chhatrapati Sambhajinagar. … Respondent
                                                 …..
                           Mr. Abid R. Shaikh, Advocate for the Applicant
                         Mr. S. M. Ganachari, APP for the Respondent-State.
                                                 .....

                                        CORAM :       ABHAY S. WAGHWASE, J.
                                        DATED :       06.02.2026

                ORDER :


                1.    Not on board. Upon mentioning, taken on board.



                2.    Present application is for suspension of sentence awarded by

                learned JMFC in SCC No. 463 of 2012 by order dated 05.05.2026,

                and it being confirmed by learned Sessions Judge, Aurangabad by

                judgment and order dated 23.01.2026, and for grant of bail.
                                                      CriAppln-541-2026
                                   -2-

3.      Learned counsel pointed out that, present applicant was tried

vide SCC No. 463 of 2012 for commission of offence under Section

509 of IPC and he came to be convicted by learned trial court

sentencing him to suffer two months’ imprisonment and to pay fine.

That, said order was challenged before the Court of Sessions Judge,

but the same came to be dismissed and thereby order of conviction

has been confirmed. He pointed out that, against the same, applicant

has preferred revision before this Court recently. That, there are no

prospects of hearing the revision in near future. He pointed out that,

during the proceedings before both the courts below, applicant was

on bail and he has already paid fine amount. Consequently, during

pendency of revision, he urged to suspend the sentence and grant

bail.



4.      Learned APP opposed on the ground that, there are concurrent

findings affirming the conviction and therefore, he prayed to refuse

the relief.



5.      On going through the papers, it is emerging that, applicant was

tried by learned JMFC, Sillod vide SCC No. 463 of 2012 for

commission of offence under Section 509 of IPC and vide judgment

dated 05.05.2016, learned trial court held the charges proved and
                                                     CriAppln-541-2026
                                 -3-

convicted and sentenced applicant for two months’ imprisonment and

to pay fine. Attempt of questioning above judgment in appeal bearing

Criminal Appeal No. 113 of 2016 seems to have gone futile as the

appeal was dismissed by order dated 23.01.2026, against which

revision seems to have been preferred before this Court and the same

is pending.



6.    Statement is made across the bar that applicant was on bail

during proceedings before both the courts, i.e. learned trial court as

well as learned first appellate court. There is no adverse remark of

misuse of liberty. Fine amount is said to be paid, and as there are no

immediate chances of hearing the revision, application deserves to be

allowed. Hence the following order :



                               ORDER



I.    Criminal Application No. 541 of 2026 is allowed.


II.   The sentence imposed on the applicant by the learned Chief
Judicial Magistrate, Sillod in SCC No. 463 of 2012 on 05.05.2016 and
confirmed by learned Sessions Judge, Aurangabad by judgment and
order dated 23.01.2026 passed in Criminal Appeal No. 113 of 2016,
stands suspended till final hearing and disposal of Criminal Revision
Application No. 44 of 2026.
                                                       CriAppln-541-2026
                                      -4-



III.   The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
Fifteen Thousand only) with one solvent surety in the like amount.



IV.    Bail before the trial court.


V.     Criminal Application is accordingly disposed off.




                                            [ABHAY S. WAGHWASE, J.]



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