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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

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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