Bombay High Court
AMRUT ARVIND POWAR AND ANRversusSTATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court confirmed the suspension of the substantive sentence pending the appeal, conditioned on the applicants furnishing PR bonds and depositing the fine.
Summary
The applicants, Amrut Arvind Powar and another, were convicted in Sessions Case No.13 of 2024 for offences under Sections 363 and 312 of the Indian Penal Code, with a sentence that was suspended by the trial court and a fine of Rs.30,000 imposed. They filed Interim Application No.1601 of 2025 seeking suspension of the conviction and sentence, bail, and a stay of the compensation order pending the pending Criminal Appeal No.436 of 2025. The High Court had earlier continued the trial court's suspension on 13 June 2025. The State opposed, asking that the suspension be confirmed only if the fine is deposited. The Court confirmed the suspension of the substantive sentence pending the appeal, subject to the applicants furnishing a PR bond of Rs.25,000 each with sureties and depositing the fine within four weeks, and to appear regularly before the Court. The interim application was therefore disposed.
Issues considered
- What is the appropriate relief regarding suspension of the conviction and sentence pending the appeal?
- Whether the applicants must deposit the fine imposed by the trial court as a condition for continuation of the suspension?
- Whether bail and stay of compensation can be granted pending the appeal?
Legislation cited
- Indian Penal Code, 1860 — s. 312, 363
Subjects
- suspension of sentence
- bail
- interim relief
- criminal appeal
- fine deposit
- IPC sections 363
- IPC section 312
- compensation stay
Judgment
918 - CRI IA - 1601 - 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
19:34:19 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1601 OF 2025
IN
CRIMINAL APPEAL NO.436 OF 2025
Amrut Arvind Powar & Anr. … Applicants
V/s.
The State of Maharashtra … Respondent
Ms. Archana Gaikwad (through V.C.) for the Applicants.
Mr. Shubhangi N. Deshmukh, APP for the State.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 2, 2026
P.C.:
1. By the present Interim Application, the Applicants have sought
for the following substantive reliefs:
“(a) Order of conviction & substantial sentence passed in Sessions case No.
13 of 2024 by Hon’ble Additional Sessions Judge, Gadhinglaj dated
13/03/2025 be suspended till final decision of the appeal & Applicants –
Accused may kindly be enlarged on bail.
(b) The order of payment of compensation made in aforesaid case may
kindly be stayed till final decision of appeal.
(c) Other just and consequential orders may kindly be passed to meet the
ends of justice.”
2. Ms. Archana Gaikwad, learned Advocate for the Applicants, states
that the Applicants have been protected by an interim order since 13th
June 2025. Ms. Archana Gaikwad, learned Advocate for the Applicants,
VRJ 1
918 - CRI IA - 1601 - 2025.docx
states that the Applicants have furnished the P.R. Bond and bail before
the Trial Court.
3. The order dated 13th June 2025, passed by this Court, reads
thus:
“1. Heard learned Advocate for the Appellants and learned APP.
2. The sentence for offence punishable under Sections 363 and 312 of
the Indian Penal Code was suspended by the Trial Court. As both the offences
are bailable, this Court on 28/04/2025 has continued the interim relief
granted by the Trial Court.
3. Let the order of the suspension of sentence be continued till the next
date.
4. Learned Advocate Ms. Gaikwad assures that copy of notes of evidence
will be produced on the next date positively.
5. Matter be kept on 18th July 2025.”
4. Ms. Shubhangi N. Deshmukh, learned APP for the State, submits
that as the sentence imposed by the Trial Court was suspended by the
Trial Court and thereafter continued by this Court vide order dated 13th
June 2025, the said order be confirmed, however, subject to the
Applicants depositing the fine amount of Rs.30,000/- as imposed by the
Trial Court in the Judgment and Order dated 13th March 2025.
5. In view of the above, the order dated 13th June 2025 passed by
this Court in this Application is confirmed, the substantive sentence
imposed in Sessions Case No.13 of 2024 is suspended pending the
Criminal Appeal No.436 of 2025, subject to the following conditions:
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918 - CRI IA - 1601 - 2025.docx
(a) The Applicants shall furnish P.R. Bond of Rs.25,000/-, each,
along with one or two sureties in the like amount, to the
satisfaction of the Additional Sessions Court, Gadhinglaj, within a
period of four weeks from today.
(b) Applicants shall deposit the fine amount of Rs.30,000/- in
the Additional Sessions Court, Gadhinglaj within four (4) weeks
from today.
(c) The Applicants shall regularly appear before this Court as
and when Criminal Appeal No. 436 of 2025 is listed on the cause
list.
6. Interim Application No. 1601 of 2025 stands disposed of.
(ASHWIN D. BHOBE, J.)
VRJ 3
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