Bombay High Court

MOHAMAD KACHARODDIN PATHANversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The Court stayed the conviction and sentence of the applicant until the disposal of Criminal Appeal No. 85 of 2023, subject to his presence when the appeal is listed.

Summary

The applicant, Mohamad Kacharoddin Pathan, filed an interim application seeking a stay of the conviction and sentence dated 5 January 2023 passed by the Special Judge (ACB) in Solapur. The High Court, recalling its earlier order dated 1 February 2023 which granted bail to the applicants during the pendency of Criminal Appeal No. 85 of 2023, considered whether the sentence should be suspended pending the appeal. The Court found that, given the bail order and the pending appeal, it was appropriate to stay the sentence, subject to the applicant’s presence whenever the appeal is listed. Consequently, the interim application was disposed of by staying the conviction and sentence until the appeal is decided. The order also reiterated the bail conditions of a personal bond of Rs.30,000 with sureties.

Issues considered

Whether the conviction and sentence dated 5 January 2023 should be stayed pending the disposal of Criminal Appeal No. 85 of 2023
Whether the applicant should be released on bail during the pendency of the appeal

Subjects

criminal appeal
interim application
stay of conviction
bail
Special ACB Court

Judgment

                                                                                 915 - CRI IA - 1099 - 2025.docx



VAIBHAV
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAMESH
JADHAV                                     CIRCUIT BENCH AT KOLHAPUR
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.02
19:34:18 +0530
                                         CRIMINAL APPELLATE JURISDICTION


                                 CRIMINAL INTERIM APPLICATION NO. 1099 OF 2025
                                                      IN
                                        CRIMINAL APPEAL NO.85 OF 2023

                      Mohamad Kacharoddin Pathan                             … Applicant
                                   V/s.
                      The State of Maharashtra                               … Respondent

                      Mr. M. Mondkar i/by Mr. Jaydeep Mane for the Applicant.
                      Mr. Shrikant H. Yadav, APP for the State.



                                                         CORAM         : ASHWIN D. BHOBE, J.

                                                         DATED         : SEPTEMBER 2, 2026
                      P.C.:


                      1.      By the present Application, the Applicant has sought the

                      following substantive relief:

                              “A.    That by an appropriate order, this Hon’ble Court be pleased to suspend
                              and stay the judgment and order of sentence AND conviction dated 5 th
                              January, 2023 passed the Special Judge, (ACB) Solapur in Special (ACB) Case
                              No.23 of 2014 with respect to the present Applicant (Original Accused No.3)
                              Mohamad Kacharoddin Pathan till the adjudication of the Appeal:”



                      2.      Vide order dated 1st February 2023 the Interim Application No.

                      375 of 2023 filed by the Applicants in Criminal Appeal No. 85 of 2023,

                      was allowed by passing the following order:

                              “1. to 8.     …




                      VRJ                                                                                     1
                                                           915 - CRI IA - 1099 - 2025.docx


      8.(i)   During pendency and final disposal of the Criminal Appeal No.85 of
      2023, the Applicants are directed to be released on bail on their furnishing
      P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each,
      with one or two sureties each, in the like amount.

      (ii)    Interim Application stands disposed of accordingly.”



3.    For the reasons recorded in the order dated 1st February 2023, I

deem it fit and proper to stay the sentence imposed by the judgment

and order dated 5th January 2023 passed by the Special Judge, ACB,

Solapur in Special ACB Case No. 23 of 2014 with respect to the

Applicant (Accused No. 3) till the disposal of Criminal Appeal No. 85 of

2023, subject to the condition that the Applicant shall remain present

before this Court as and when Criminal Appeal No. 85 of 2023 is listed

on the cause list.


4.    Interim Application No. 1099 of 2025 is disposed of.




                                                 (ASHWIN D. BHOBE, J.)




VRJ                                                                                     2

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