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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

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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                                                                 927-IA-122-2026(CR).DOC


         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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                                                                      927-IA-122-2026(CR).DOC


         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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