Bombay High Court
BHAGWAN RAMCHANDRA BHOSALE AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court held that the sentence is to be suspended during the pendency of the appeal, subject to a personal bond and compliance with reporting conditions.
Summary
The applicants were convicted by the Sessions Judge, Satara, under Sections 143, 147, 148, 323, 324, 504 and 506 read with Section 149 of the Indian Penal Code and sentenced to two years of rigorous imprisonment. They filed an interim application seeking suspension of the sentence, acquittal, and bail pending the pending appeal (Cr. Appeal No. 46 of 2026). The State opposed any suspension, arguing that a full trial had been conducted. The High Court examined the record, noted that the trial court had already suspended the sentence and that the applicants had a fair chance of success on the merits of the appeal. Accordingly, the Court allowed the interim application, ordering the suspension of the sentence during the pendency of the appeal, subject to a personal bond of Rs.10,000 and compliance with reporting conditions, and disposed of the interim application.
Issues considered
- Whether the sentence imposed by the Sessions Judge should be suspended pending the outcome of the appeal
- Whether the applicants are entitled to bail or acquittal pending the appeal
Legislation cited
- Indian Penal Code, 1860 — s. 143, 147, 148, 149, 323, 324, 504, 506
Subjects
- suspension of sentence
- interim relief
- criminal appeal
- rigorous imprisonment
- IPC offences
- bail
- acquittal
- Criminal Procedure Code
Judgment
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927-IA-122-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 122 OF 2026
IN
CR. APPEAL NO. 46 OF 2026
1. Bhagwan Ramchandra Bhosale,
2. Sharada Bhagwan Bhosale,
3. Shankar Bhagwan Bhosale,
4. Vanita Shankar Bhosale,
5. Shukracharya @ Sukhdev Bhagwan Bhosale …...Applicants
VERSUS.
The State of Maharashtra And Anr. …...Respondents
SHANTANU
SHANKARSA
-----
DHUDUM
Digitally signed by
SHANTANU
SHANKARSA DHUDUM
Date: 2026.09.10
10:26:02 +0530
Mr. Sujit Nikam i/b Mr. Shailesh Chavan, for Applicants.
Mr. S. S. Chaudhari, APP for Respondent No.1 - State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 9th SEPTEMBER, 2026.
P.C.
1. Heard, Mr. Sujit Nikam, learned Advocate for the Applicants and
Mr. S. S. Chaudhari, learned A.P.P. for Respondent No.1 – State.
2. By the present Application, the Applicants have sought the
following substantial relief, which are produced verbatim:
“b) This Hon’ble Court be pleased to may be suspend the
sentence awarded by the Ld. Session Judge, Satara by its
Shantanu S. Dhudum
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927-IA-122-2026(CR).DOC
Judgment & Order of conviction dated 31/01/2026 Court
passed in Session Case No.130 of 2020 passed by Learned
Session Judge, Satara and thereby be pleased to acquit the
Appellants/Accused Nos.1 to 5 for the offence under
Section 143, 147, 148, 323, 324, 504 and 506 read with
Section 149 of the IPC on such terms and conditions as
this Hon’ble Court may deem fit and necessary;
c) That this Hon’ble Court be pleased to release the
Applicants on bail in respect of Judgment and Order of
conviction dated 31/01/2026 passed by the Ld. Session
Judge, Satara in Session Case No.130 fo 2020 on such
terms and conditions as this Hon’ble Court may deem fit
and necessary.”
3. By the judgment and order dated 31st January, 2026, passed by
the learned Sessions Judge, Satara (“Trial Court”), in Sessions Case No.130
of 2020, the Applicants stand convicted of offences punishable under
Sections 143, 147, 148, 323, 324, 504 and 506 read with Section 149 of
the Indian Penal Code, 1860 (for short, “IPC”), and have been sentenced to
undergo Rigorous Imprisonment for a period of two (2) years (“impugned
judgment).
4. Mr. S. S. Chaudhari, learned A.P.P. for Respondent No.1 – State,
submits that the Applicants have been convicted and sentenced after a full-
fledged trial and therefore, opposes the suspension of sentence.
Shantanu S. Dhudum
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5. Perused records.
6. The accompanying Appeal filed by the Applicants was admitted
on 26th February, 2026.
7. After the conviction was awarded on 31st January, 2026, the
Trial Court, vide order dated 31st January, 2026, passed below Exhibit-165
in Sessions Case No.130 of 2020, suspended the sentence of imprisonment
imposed upon the Applicants.
8. By order dated 26th February, 2026, the interim order granted by
the Trial Court was continued in the present proceedings and notice was
issued to Respondent No.2.
9. Paragraph No.7 of the Office Note dated 4 th April, 2026, read as
under:
“7) As per order dated 26/02/2026, Notice duly served upon
Respondent No.2.”
10. Neither Respondent No. 2 nor any advocate was present when
this Application was called out.
11. Prima facie, a perusal of the impugned judgment, in light of the
grounds raised by the Applicants in the memo of Appeal, indicates that the
Applicants have a fair chance of succeeding on the merits. Further, the Trial
Court had suspended the sentence imposed by the impugned judgment.
Shantanu S. Dhudum
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12. In view of the above, the Application is allowed on the following
conditions:
(a) During the pendency of Criminal Appeal No. 46 of 2026, the
sentence of imprisonment imposed vide impugned Judgment
and order dated 31st January, 2026, passed by the Sessions
Judge, Satara, in Sessions Case No. 130 of 2020, is
suspended and the Applicants are directed to execute a P.R.
bond in the sum of Rs. 10,000/- each, with one or two
sureties in the like amount, to the satisfaction of the Sessions
Judge, Satara.
(b) Applicant shall, within ten (10) days from today, provide to
the Investigating Officer, Rahimatpur Police Station, their
residential address with proof, the contact numbers and must
inform the Investigating Officer about the change in the same
from time to time.
(c) Applicants shall regularly appear before this Court as and
when the Criminal Appeal No.46 of 2026 is listed on the
Cause List.
13. Interim Application No.122 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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