Bombay High Court
ANITA RAMESH PADALEversusMAHENDRA KISAN PASALKAR
- Decided
- Disposal
- Disposed Off
Holding
The court suspended the applicant's imprisonment sentence pending final disposal of the revision application, subject to a PR bond and bail bonds.
Summary
The applicant, Anita Ramesh Padale, filed interim applications seeking suspension of her short‑term imprisonment sentence and bail, asserting that she had deposited the entire cheque and compensation amounts and had been on bail during trial. The respondent opposed the applications, requesting that the deposited amount be withdrawn and the applications be rejected. The court noted that the applicant had not misused her liberty and that the sentence was short‑term, and that the revision application would take time to be decided. Accordingly, the court suspended the substantive sentence pending disposal of the revision application, subject to the applicant furnishing a personal recognizance bond of Rs.15,000 with sureties and furnishing bail bonds before the Additional Sessions Judge. The applications were disposed of, with the sentence suspension as the operative order.
Issues considered
- Whether the applicant's short‑term sentence should be suspended pending the disposal of the revision application.
- Whether bail can be granted to the applicant under the circumstances.
- Whether the deposited cheque and compensation amounts affect the court's discretion to suspend the sentence.
Subjects
- suspension of sentence
- bail
- revision application
- personal recognizance bond
- criminal appellate jurisdiction
Judgment
40-IA-2323 and 2324-26 IN REVN-330-26
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2324 OF 2026
WITH
INTERIM APPLICATION NO.2323 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 330 OF 2026
Anita Ramesh Padale ...Applicant
NILAM
Digitally signed
by NILAM
VERSUS
SANTOSH
SANTOSH KAMBLE Mahendra Kisan Pasalkar & Anr. ...Respondents
KAMBLE Date: 2026.09.30
18:27:47 +0530
_________________________________________________________________
Mr.Hemant Ghadigaonkar a/w Mr.Om Gandhi, for the Applicant.
Mr.Dattatray Yadav i/b Mr.R.S. Gangawane, for Respondent No.1.
Ms.R.D. Humane, APP for Respondent No.2-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 29th SEPTEMBER 2026
P.C. :
. By these Applications, the Applicant is seeking suspension of
sentence and bail.
2. Heard learned counsel for the Applicant, learned counsel for
Respondent No.1 and the learned APP for Respondent No.2-State.
3. The learned counsel for the Applicant submit that the Applicant
has deposited entire cheque amount and compensation amount. During
the trial the Applicant was on bail. It may take time to decide the Revision
Application. Hence, requested to allow both the Applications.
5. The learned the Respondent strongly objected to allow the
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40-IA-2323 and 2324-26 IN REVN-330-26
N.S.Kamble
Applications. The learned counsel further submitted that the Respondent
be permitted to withdraw deposited amount and requested to reject the
Applications.
6. I have heard both learned counsel.
7. The sentence imposed on the Applicant is short term sentence.
The Applicant has deposited entire cheque amount and compensation
amount. During trial Applicant was on bail. He has not misused the
liberty. It may take time to decide the Revision Application. Considering
these facts, the sentence is suspended till final disposal of the Appeal.
8. The Applications are disposed of in the following terms.
ORDER
(i) The substantive sentence of imprisonment awarded
to the applicant is hereby suspended pending disposal of the
Revision Application, subject to the applicant furnishing a PR
bond in the sum of Rs.15,000/- with one or two sureties in the
like amount.
(ii) The bail bonds to be furnished before the learned
Additional Sessions Judge.
(iii) The Criminal Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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