Bombay High Court
VIKAS SHANKARRAO CHAVANversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court allowed the interim application, suspended the substantive sentence, and granted bail subject to conditions.
Summary
Vikas Shankarrao Chavan, convicted under IPC section 306 and sentenced to a short term imprisonment by the Additional Sessions Judge, Kolhapur, filed an interim application seeking suspension of his sentence and bail. He argued that the fine had been paid and that he would not misuse liberty if released on bail. The State opposed, asserting that the prosecution had proved the case beyond reasonable doubt and the trial court’s order was well‑reasoned. The High Court noted that a full merits review would be appropriate at the final hearing but, under CrPC section 389(1), allowed the interim relief, suspending the sentence and granting bail on a bond of Rs. 25,000 with a surety, subject to quarterly appearances before the court. The application was therefore allowed pending the final disposal of the appeal.
Issues considered
- Whether the interim application for suspension of sentence and bail can be entertained pending the final hearing of the appeal
- Whether the court can exercise power under CrPC section 389(1) to suspend a short‑term imprisonment
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389(1)
- Indian Penal Code, 1860 — s. 306
Subjects
- interim bail
- suspension of sentence
- section 306 IPC
- CrPC section 389
- short term imprisonment
- appeal pending
Judgment
1
50-IA-174-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 174 OF 2026
IN
CR. APPEAL NO. 63 OF 2026
Vikas Shankarrao Chavan
VERSUS
The State Of Maharashtra
Mr. Vaibhav Halake a/w Mr. Vikas Khade a/w Mr. Yash Fadtare, Mr.
Sairaj Suryawanshi Advocate for Applicant
Mr. Anand S. Shalgaonkar APP for the State
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH 2026.
P.C.
1. Heard the learned counsel for the applicant and the learned
app for the respondent-State.
2. By this application, the applicant is seeking suspension of
IRESH
MASHAL
sentence imposed upon him by the learned Additional Sessions
Digitally
signed by
IRESH
MASHAL
Date:
Judge, Kolhapur vide Judgment and Order dated 26/02/2026 in
2026.03.24
10:52:45
+0530
Sessions Case No. 66/2019.
3. The applicant has been convicted for the offences punishable
under section 306 of the Indian Penal Code.
4. Learned counsel for the applicant submits that the fine amount
is deposited. The sentence imposed upon the applicant is a short term
sentence. If the applicant released on bail, he will not misuse the
liberty. Hence, prayed to allow the application.
Iresh
2
50-IA-174-2026 (CR).DOC
5. It is contention of learned APP that the prosecution has proved
the case beyond reasonable doubt. The Trial Court has rendered a
well reasoned order. As such, no interference is warranted. Hence,
prayed to reject the application.
6. Having heard the matter at length, learned counsel for the
applicant has advanced various submissions, touching the merits of
the case and alleged infirmities in the order under challenge. Those
submissions at this stage have been noted.
7. However, this Court is of the view that a detailed examination
of those aspects would necessarily require appreciation of the entire
evidence on record which would be more appropriately taken at the
stage of final hearing. Therefore, without expressing any opinion on
the merits of the case and keeping all issues open for consideration at
the time of final disposal of appeal, I am inclined to exercise power
under section 389(1) of the Cr.P.C.
8. Moreover, it is unlikely that the appeal will be heard and
concluded in the near future. Considering that the sentence imposed
upon the applicant is a short term sentence, I pass following order:
ORDER
I. The interim application is allowed.
II. The substantive sentence of imprisonment imposed upon the
applicant by the learned Additional Sessions Judge, Kolhapur
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3
50-IA-174-2026 (CR).DOC
vide Judgment and Order dated 26/02/2026 in Sessions Case
No. 66/2019, is hereby suspended.
III. The applicant Vikas Shankarrao Chavan be enlarged on bail on
furnishing P.R. Bond in the sum of Rs. 25,000/- (Rs. Twenty
Five Thousand only) and one solvent surety in the like amount.
IV. Applicant shall mark his presence before learned Additional
Sessions Judge, Kolhapur once in three months on the date
assigned by the concerned court.
(SACHIN S. DESHMUKH, J.)
Iresh
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