Bombay High Court
CHANDRAKANT MAHADEV MANEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court suspended the substantive sentence and ordered the appellant's release on bail subject to conditions.
Summary
Chandrakent Mahadev Mane was convicted under Section 489-C of the Indian Penal Code and sentenced to two years' rigorous imprisonment, with the sentence suspended pending appeal. He had already served one year, two months and 18 days as an under‑trial prisoner. The appellant sought suspension of the remaining sentence and bail, arguing the short remaining term and the likelihood of a delayed appeal. The State opposed the relief. The Court, noting the short sentence, the substantial time already served, and the improbability of a swift appeal, exercised its discretion to suspend the sentence and grant bail on a personal bond and surety. Conditions were imposed, including non‑contact with witnesses and periodic reporting to the police.
Issues considered
- Whether the sentence should be suspended pending the final disposal of the appeal
- Whether the appellant should be released on bail during the pendency of the appeal
Legislation cited
- Indian Penal Code, 1860 — s. 489-C
Subjects
- suspension of sentence
- bail
- appeal
- Section 489-C IPC
- interim application
- criminal procedure
Judgment
28.IA.2723.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2723 OF 2026
IN
CRIMINAL APPEAL NO. 679 OF 2026
Chandrakant Mahadev Mane ...Appellant
Versus
State of Maharashtra …Respondents.
Adv. Sameer D. Hatle, for the Applicant/Appellant.
Ms. R. S. Tendulkar, APP for the State.
ASI, R. V. Ravate, is present.
CORAM: N. J. JAMADAR, J.
DATE : 27th AUGUST 2026
P.C.:
CRIMINAL APPEAL NO.679 OF 2026
1. Heard.
2. Admit.
3. Call R & P.
INTERIM APPLICATION NO. 2723 OF 2026
4. This is an interim Application for suspension of sentence and
to enlarge the Applicant on bail.
Sufiyan Syed - PA 1/4
28.IA.2723.2026.DOC
5. By a Judgment and order dated 13 th July 2026 passed by the
learned Additional Sessions Judge, Thane, in Sessions Case No.
156 of 2021, the Applicant has been convicted for an offence
punishable under Section 489-C of the Indian Penal Code, 1860
and sentenced to suffer rigorous imprisonment for two years. By
an order of even date the learned Sessions Judge was persuaded to
suspend the sentence till the expiry of the Appeal period.
6. The learned Counsel for the Applicant/Appellant submits
that during the pendency of the trial, the Applicant has already
undergone a sentence of one year two months and 18 days. The
Applicant has a fair chance of success in the appeal.
7. The learned APP resisted the prayer for suspension of
sentence and release of the Applicant on bail.
8. Since the Applicant has been sentenced to suffer
imprisonment for two years only, which is a short sentence, and,
out of the said sentence, the Applicant has already undergone a
sentence of one year two months and 18 days as an under-trial
prisoner and it is extremely unlikely that this Appeal can be taken
up for hearing and finally decided, in the immediate future, this
Court is inclined to exercise the discretion and suspend the
sentence and enlarge the Applicant on bail.
Sufiyan Syed - PA 2/4
28.IA.2723.2026.DOC
9. Hence the following order :
:- ORDER :-
(i) The Application stands allowed.
(ii) The substantive sentence imposed by the learned
Sessions Judge in Sessions Case No. 156 of 2021
arising out of CR No. 317 of 2020 of Kapurbawadi
Police Station, Thane, on the Applicant - Chandrakant
Mahadev Mane – (A3), stands suspended till the final
disposal of the Appeal.
(iii) The Applicant – Chandrakant Mahadev Mane
(A3) be enlarged on bail, on furnishing a PR Bond in
the sum of Rs. 25,000/- and the surety in the like
amount to the satisfaction of the learned Sessions
Judge.
(iv) The Applicant shall not contact, or give threat to
any witnesses in any manner.
(v) The Applicant shall report to the Kapurbavadi
Police Station, on the first Monday of the months of
September and March, every year, till the final
disposal of the appeal.
Sufiyan Syed - PA 3/4
28.IA.2723.2026.DOC
(vi) On being released on bail, the Applicant shall
furnish his cell phone number and residential address
to the Investigating Officer and shall keep the same
updated, in case of any change therein.
(vii) The Applicant shall attend the proceeding in this
Appeal, as and when directed.
Application disposed.
[N. J. JAMADAR, J.]
Sufiyan Syed - PA 4/4
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