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Bombay High Court

SURAJ AANAND JADHAVversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The Court suspended the two‑year imprisonment sentence and ordered the applicant to execute a personal bond of Rs.25,000 with sureties pending the outcome of the appeal.

Summary

The applicant, Suraj Aanand Jadhav, was convicted by the Sessions Court, Sindhudurg, under IPC sections 332, 352, 353 and 504 and sentenced to two years' rigorous imprisonment. The trial court had earlier suspended the sentence on 16th April 2026, a suspension that was continued by the High Court on 15th June 2026. The applicant filed Interim Application No. 271 of 2026 seeking further suspension of the sentence pending Criminal Appeal No. 100 of 2026. The State opposed the application, arguing that the conviction was the result of a full‑fledged trial. The High Court, after noting that the appeal raised substantial questions of law and fact, allowed the interim application, ordered the sentence to remain suspended, directed the applicant to execute a personal bond of Rs.25,000 with sureties, and required him to appear regularly and furnish his residential details to the investigating officer.

Issues considered

  • Whether the sentence imposed on the applicant should be suspended pending the adjudication of Criminal Appeal No. 100 of 2026
  • Whether the applicant is entitled to be released on a personal bond in lieu of imprisonment

Legislation cited

Subjects

  • criminal appeal
  • suspension of sentence
  • interim application
  • personal bond
  • IPC offences
  • high court

Judgment

                                                                           937 - CRI IA - 271 - 2026.docx


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                          CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.10
10:08:15 +0530                      CRIMINAL INTERIM APPLICATION NO. 271 OF 2026
                                                        IN
                                          CRIMINAL APPEAL NO. 100 OF 2026

                      Suraj Aanand Jadhav                              … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                  … Respondents

                      Mr. Kshitij Samant for the Applicant (Appointed Advocate).
                      Dr. A. A. Takalkar, APP for the State.



                                                      CORAM       : ASHWIN D. BHOBE, J.

                                                      DATED       : SEPTEMBER 9, 2026
                      P.C.:


                      1.      Heard Mr. Kshitij Samant, learned Advocate for the Applicant,

                      and Dr. A. A. Takalkar, learned APP for the State.


                      2.      On 15th June 2026, notice was issued to the Respondents.


                      3.      Clause No. 3 of the Office Note dated 3rd September 2026 reads

                      thus:


                              “3)     Notice issued to Respondent No.2 and duly served.”


                      4.      The name of Respondent No. 2, Sudhir Pilaji Dhamankar, was

                      called out. Neither Respondent No. 2 is present in person nor does any

                      Advocate appear for Respondent No. 2.




                      VRJ                                                                              1
                                                   937 - CRI IA - 271 - 2026.docx


5.      By the present Application, the Applicant, who has been

convicted under Sections 332, 352, 353 and 504 of the Indian Penal

Code, has been sentenced to suffer rigorous imprisonment for a period

of two years by the judgment and order dated 17th March 2026 passed

by the Sessions Court, Sindhudurg at Oros, in Sessions Case No. 11 of

2024.


6.      Mr. Kshitij Samant, learned Advocate for the Applicant, states

that, upon conviction, the Trial Court, vide order dated 16th April 2026,

had suspended the sentence. The said order was continued by this

Court vide order dated 15th June 2026.


7.      Dr. A. A. Takalkar, learned APP for the State, submits that the

Applicant stands convicted after a full-fledged trial and, therefore,

opposes the present Application.


8.      Perused the record.


9.      Criminal Appeal No. 100 of 2026 was admitted on 15th June

2026. Prima facie, a perusal of the impugned judgment in the context of

the grounds raised by the Applicant in the memo of the Appeal indicates

that the Applicant has a fair chance of succeeding on merits. The

sentence imposed on the Applicant is two years.


10.     In view of the above, Interim Application No. 271 of 2026 is

allowed on the following terms:



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                                                   937 - CRI IA - 271 - 2026.docx


11.   During the pendency of Criminal Appeal No. 100 of 2026, the

sentence of imprisonment imposed vide judgment and order dated 17th

March 2026 passed by the Sessions Court, Sindhudurg at Oros, in

Sessions Case No. 11 of 2024 is suspended, and the Applicant is

directed to execute a P.R. bond in the sum of Rs.25,000/-, with one or

more sureties in the like amount.


12.   The Applicant shall regularly appear before this Court as and

when Criminal Appeal No. 100 of 2026 is listed on the cause list.


13.   The Applicant shall, within seven (7) days from today, provide to

the Investigating Officer, Kudal Police Station, Sindhudurg, his

residential address along with proof thereof and his contact numbers,

and shall inform the Investigating Officer of any change therein from

time to time.


14.   Interim Application No. 271 of 2026 is disposed of.




                                          (ASHWIN D. BHOBE, J.)




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