Bombay High Court
VYANKAT SHIVAJI SHINDE AND ANOTHERversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- RAJNISH R VYAS
Holding
Since the applicant had already served more than two years of the fixed term and there was no evidence of threat to witnesses or trial delay, the application for suspension of sentence and bail was allowed.
Summary
The applicants Vyankat Shinde and Maya were convicted by the Additional Sessions Judge, Latur, of offences under Section 326 and Section 323 of the Indian Penal Code respectively, and sentenced to rigorous imprisonment with fines. They filed a criminal application seeking bail and suspension of their sentences, contending that Vyankat had already served more than two years of his three‑year term and that the fine would be paid promptly, while Maya had cooperated with the trial and was not a flight risk. The prosecution’s case involved an assault and stabbing incident, but the star witness turned hostile during trial. The court noted that there was no evidence of threat to witnesses or unnecessary delay of the trial. Considering the time already served and the absence of any adverse factors, the court allowed the application, suspending the sentences pending the final decision on the appeal and granting bail on the same terms as the trial court.
Issues considered
- Whether a convicted person who has already served a substantial portion of a fixed‑term sentence can be granted bail and have the sentence suspended pending appeal
- Whether the absence of witness intimidation or trial delay justifies suspension of the sentence
Legislation cited
- Indian Penal Code, 1860 — s. 307, 323, 324, 326, 34, 504
Subjects
- bail
- suspension of sentence
- Indian Penal Code
- rigorous imprisonment
- witness hostile
- criminal appeal
Judgment
2026:BHC-AUG:502
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 CRIMINAL APPLICATION NO. 63 OF 2026
IN APEAL/7/2026
VYANKAT SHIVAJI SHINDE AND ANOTHER
….Applicants
VERSUS
THE STATE OF MAHARASHTRA
…..Respondent
WITH
CRIMINAL APPEAL NO. 7 OF 2026
Mr. Dhanraj S. Ingole, Advocate for the applicants
Mr. V. S. Badakh, APP for the respondents/State
CORAM : RAJNISH R. VYAS, J.
DATE : 08th JANUARY, 2026
PER COURT :
1. The present application is preferred by the applicants
who were original accused Nos. 1 and 2 for grant of bail and
suspension of sentence. The accused Nos. 1 and 2/ present applicants
were convicted by the learned Additional Sessions Judge, Latur on
23-12-2025. The accused No.1 Vyankat was convicted for the
commission of offence punishable under Section 326 of the IPC and
directed to suffer rigorous imprisonment for three years and to pay
fine of Rs.5000/- in default he was directed to undergo rigorous
imprisonment for six months.
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2. So far as accused No. 2-Maya is concerned she was
convicted for the commission of the offence punishable under Section
323 of the IPC and directed to suffer rigorous imprisonment for one
year and to pay fine of Rs.3000/- and in default she was directed to
undergo rigorous imprisonment for three months.
3. The learned advocate for the applicants submits that the
accused No.1-Vyankt was arrested on 16-01-2024 and is behind the
bar as an under trial prisoner. So far as the applicant No.2-Maya is
concerned she was arrested on 17-01-2024 and was behind the bar,
after which she was released on bail on 31-01-2024. The applicant
No. 2-Maya has not misused the liberty and cooperated for early
completion of trial.
4. So far as the applicant No.1-Vyankt is concerned, the
learned advocate for the applicants submits that Vyankat has already
undergone the period of two years of sentence imposed upon him. He
further submits that fine amount would be deposited by them within
two weeks from today. His statement is accepted.
5. Be that as it may, in short, it was the case of the
prosecution that on 18-06-2023 at about 08.30 pm the informant was
chitchating with accused Vyankat in front of the house. When the
accused Vyankat talked indecently about deceased Sister, the
informant reprimanded the accused not to talk about deceased sister.
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This resulted into exchange of words and assault. At that time
according to the case of the prosecution the applicant No. 2- Maya
thrashed stone to abdomen of victim and the applicant No.1 Vyankat
stabbed with a knife into the abdomen, back and buttock of the
informant due to which he sustained injuries. The injuries sustained
by the victim of crime are mentioned in the judgment more
particularly at Page No. 22. Four injuries mentioned in medico-legal
certificate vide Exh.78 i.e. incised wound right into back of abdomen
in size 5x3x2 cm., other were contused lacerated wound. It was
pointed out to the court that though the applicants were tried for the
commission of the offences punishable under Sections 307, 324, 504
read with section 34 ultimately the charge was diluted by convicting
the applicant No. 1 for the commission of offence punishable under
Section 326 of the IPC.
6. It is pertinent to mention here that during the course of
the trial the star witness i.e. victim has turned hostile.
7. Since the sentence imposed upon the applicants is of
fixed term and he has already undergone the imprisonment for more
than two years I am inclined to allow the application. It is not even
the case of the prosecution that he has in any manner threatened
witnesses or has protracted the trial unnecessarily. Accordingly, the
application is allowed. The sentence imposed by the Additional
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Sessions Judge, Latur in Sessions Case No. 78/2024 so far as
convicting the applicant Vyankat for the commission of the offences
punishable under section 326 and the applicant No.2 Maya for the
commission of offence punishable under section 323 stands
suspended till the final decision on the appeal. The
accused/applicants be released on bail on same terms as were
imposed by the trial court.
8. Accordingly, the application for suspension of sentence is
disposed of.
[RAJNISH R. VYAS, J. ]
VishalK/902criapln63.26
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