SHAIRUM SAHEB BAIGversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:635
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                                              -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        CRIMINAL APPLICATION NO. 67 OF 2026
                                        IN
                    CRIMINAL REVISION APPLICATION NO. 04 OF 2026

            Shairum Saheb Baig,
            Age : 60 years, Occu. : Nil.,
            R/o. Mohammadiya Masjid Road,
            Islampura, Beed.                                   … Applicant

                       Versus
            State of Maharashtra
            Through Patoda Police Station,
            Tq. & Dist. Beed.                                  … Respondent.

                                             …..
            Mr. Sayyed Tauseef Yaseen, Advocate for Applicant.
            Mr. S. G. Sangle, APP for Respondent - State.
                                             …..
                                          CORAM : ABHAY S. WAGHWASE, J.
                                          DATED : 08 JANUARY 2026

            ORDER :

            1.          In instant application, prayers are raised for suspension

            of sentence and grant of bail on account of conviction recorded by

            learned J.M.F.C. Patoda, Dist. Beed on 05.10.2017 in S.C.C. No.13 of

            2009, which came to be confirmed by learned Additional Sessions

            Judge, Beed in Criminal Appeal No.105 of 2017.


            2.          It is submitted that, applicant was tried by learned

            J.M.F.C., Patoda, Dist. Beed vide S.C.C. No.13 of 2009, on the premise

            that, on 13.12.2008 dash was given to the informant’s son, to which
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he later on succumbed. That, charges were framed for offence

punishable under sections 279, 337, 338 and 304A of Indian Penal

Code and trial culminated into conviction by order dated 05.10.2017.

The said order of conviction is questioned by filing of Criminal Appeal

bearing No. 105 of 2017, but the first appellate court was pleased to

confirm the same.


3.          It is next submitted that, revision has been preferred

against both the orders.      However, much more time would be

required to hear the revision. Moreover, during trial before the

learned J.M.F.C. as well as first appellate court, applicant was on bail.

That, sentence awarded is only short term sentence. That, appellant

has a good case on merits in revision, and so during its pendency, it is

prayed that, sentence awarded be suspended and the appellant be

granted bail.


4.          Learned APP opposes the above application on the

ground that on full-fledge trial, guilt has been recorded and therefore

he prays to reject the application.


5.          Considering the above submissions, nature of allegations

and as there are no immediate prospects of hearing the revision,

which is of 2026 and more particularly, applicant was on bail during

trial, relief as prayed deserves to be granted. Hence, I proceed to pass

the following order :-
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                                     ORDER

I.        Criminal Application stands allowed.

II.       The substantive sentence imposed on the applicant Shairum
          Saheb Baig in S.C.C. No.13 of 2009 by the learned J.M.F.C.,
          Patoda, on 05.10.20147, which is confirmed by learned
          Additional Sessions Judge, Beed by order dated 26.12.2025 in
          Criminal Appeal No.105 of 2017, stands suspended till the final
          hearing and disposal of Criminal Revision Application No.04 of
          2026.

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. The applicant shall not commit any criminal activity.

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 bail granted to the applicant.

VII. Bail before the trial court.


                                              (ABHAY S. WAGHWASE, J.)
Tandale