Bombay High Court

VINOD HARIBHAU KASKAR AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The Court allowed the interim application, suspending the sentence and granting bail to the applicants pending the appeal.

Summary

The applicants were convicted under Sections 353 and 332 read with Section 34 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine. They had been on bail during the trial and were released on bail after conviction. The applicants filed an interim application seeking suspension of the sentence and enlargement of bail pending the appeal, arguing the appeal would take a long time and the sentence was short. The State opposed the application. The High Court, noting the short term of imprisonment and the likely delay in hearing the appeal, exercised its discretion in favour of the applicants, suspending the sentence and ordering bail upon furnishing a bond and surety, with conditions for reporting to the police. The interim application was allowed.

Issues considered

Whether a sentence of two years' rigorous imprisonment should be suspended pending the final disposal of the appeal.
Whether the applicants are entitled to be released on bail during the pendency of the appeal.

Legislation cited

Indian Penal Code, 1860 — s. 332, 34, 353

Subjects

bail
suspension of sentence
interim application
appeal pendency
IPC
criminal procedure

Judgment

                                                                          501 IA-2412-26.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO. 2412 OF 2026
                                                  IN
                                    CRIMINAL APPEAL NO. 617 OF 2026

                   Vinod Haribhau Kaskar & ors.                           ..Applicants

                           Versus

                   The State of Maharashtra & anr.                      …Respondents


                   Mr. Viresh V Purwant, a/w Suraj V Gadkari, for the Applicants

                   Smt. R S Tendulkar, APP for Respondent No.1 - State.

                                              CORAM :       N. J. JAMADAR, J.
                                              DATE    :     10th SEPTEMBER 2026

                   P.C.:

                                              IA/2412/2026

                   1.      Heard the learned Counsel for the parties.

                   2.      This is an application for suspension of sentence and to
SAINATH

                   enlarge the applicants on bail during the pendency of the
SANJAY
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.09.10

                   appeal.
20:08:07 +0530




                   3.      By a judgment and order dated 08th July, 2026, the

                   applicants have been convicted for the offences punishable

                   under Sections 353 and 332 r/w Section 34 of the Indian Penal

                   Code, 1860 and sentenced to suffer rigorous imprisonment of




                   SAINATH, PA                        1/3
                                                          501 IA-2412-26.DOC

two years and pay fine of Rs.3,000/- each, with default

stipulation.

4.      Mr. Purwant, the learned Counsel for the applicants,

submitted that, the applicants were on bail during the pendency

of the trial and, post conviction, the learned Sessions Judge has

released the applicants on bail. The applicants have a fair

chance of success in the appeal.

5.      Smt. Tendulkar, the learned APP, resisted the prayer for

suspension of sentence and to release the applicants on bail.

6.      The      applicants   have     been     sentenced     to     suffer

imprisonment for two years. which is a short sentence. Having

regard to the large pendency of the appeals, it is unlikely that,

this appeal can be taken up for hearing and final disposal in the

near future. Thus, this Court is inclined to exercise the

discretion in favour of the applicants.

7.      Hence the following order :-

                               ::ORDER::

        (i)     The Interim Application stands allowed.

         (ii)   The   substantive    sentence   imposed     by     the

         learned Additional Sessions Judge, Mangaon, Dist.

         Raigad in Sessions Case No. 1/2022, arising out of

         CR No. 62/2021 registered with Roha Police Station,


SAINATH, PA                            2/3
                                                        501 IA-2412-26.DOC

         Raigad, stands suspended till the final disposal of the

         appeal.

         (iii)    The Applicants – Vinod Haribhau Kaskar,

         Deepak Pandurang Nhavkar and Dipesh Pandurang

         Nhavkar, be enlarged on bail on furnishing a PR Bond

         in the sum of Rs.15,000/- and a surety in the like

         amount each, to the satisfaction of the learned

         Additional Sessions Judge.

         (iv) The Applicants shall mark their presence at Roha

         Police Station, Raigad on the first Monday of October

         and April every year, till the disposal of the appeal.

         (v)     The applicants shall furnish their residential

         addresses      and   cell   phone   numbers     to    the

         Investigating Officer and shall keep him informed in

         case of any change therein.

         (vi)    The Applicants shall attend the proceedings in

         this appeal, as and when directed.



                                             [N. J. JAMADAR, J.]




SAINATH, PA                            3/3

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