Bombay High Court

SUMIT SUNIL JADHAVversusTHE STATE OF MAHARASHTRA

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The Court held that, given the short term of imprisonment and the likelihood that the appeal would not be heard before its expiry, the sentence should be suspended and bail granted pending final disposal.

Summary

The appellant, Sumit Sunil Jadhav, was convicted by the Sessions Court for offences under Sections 279, 304(A) and 337 of the IPC and Sections 184 and 187 of the Motor Vehicles Act, receiving six months’ rigorous imprisonment and a fine of Rs.1,000. He filed an interim application seeking suspension of the sentence and bail pending the final disposal of his appeal. The High Court noted the short duration of the imprisonment and the low probability that the appeal would be heard before the sentence expired. In the interest of justice, the Court ordered the suspension of the fine and granted bail on a bond and surety of Rs.25,000 each. The appellant was also directed to report to the police station on specified dates and to attend the appeal proceedings as required.

Issues considered

Whether the sentence of imprisonment and fine can be suspended pending final disposal of the appeal
Whether bail can be granted to the appellant during the pendency of the appeal

Legislation cited

Indian Penal Code, 1860 — s. 279, 304(A), 337
Motor Vehicles Act, 1988 — s. 184, 187

Subjects

suspension of sentence
interim bail
appeal pending
IPC 304A
Motor Vehicles Act
criminal procedure
bail conditions

Judgment

                                                                       17 APEAL-707-26.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL NO. 707 OF 2026

                   Sumit Sunil Jadhav                                      ..Appellant

                           Versus

                   The State of Maharashtra                             …Respondent

                                                 WITH
                                 INTERIM APPLICATION NO. 2839 OF 2026
                                                  IN
                                    CRIMINAL APPEAL NO. 707 OF 2026

                   Mr. Vitthal Konde Deshmukh, a/w Mr. Sainath Garade, Ms.
                         Isha A Palav, Ms. Shruti Pokale i/b Aadesh Konde
                         Deshmukh, for the Appellant/Applicant.

                   Mr. D J Haldankar, APP for Respondent - State.

SAINATH
SANJAY                                        CORAM :        N. J. JAMADAR, J.
BODKHE
Digitally signed
by SAINATH
                                              DATE     :     20th August 2026
SANJAY BODKHE
Date: 2026.08.21
15:51:36 +0530



                   P.C.:

                                              APPEAL/707/2026

                   1.      Heard.

                   2.      Admit.

                   3.      Issue notice to the respondent.

                   4.      Mr. Haldankar, the learned APP, waives notice for the

                   respondent.

                   5.      Call R & P.




                   SAINATH, PA                        1/3
                                                      17 APEAL-707-26.DOC

                               IA/2839/2026

6.     This is an application for suspension of sentence imposed

by the learned Sessions Judge by a judgment and order dated

17th July, 2026 in Sessions Case No. 800/2018 whereby the

appellant/applicant      has   been    convicted    for   the   offences

punishable under Sections 279, 304(A) and 337 of the Indian

Penal Code, 1860 and Sections 184 and 187 of the Motor

Vehicles      Act,   1988,   and   sentenced   to     suffer    rigorous

imprisonment for six months and pay fine of Rs.1,000/- for the

major offence punishable under Section 304(A) of IPC.

7.     Having regard to the short period of sentence of six

months only and the unlikelihood of this appeal being taken up

for hearing and final disposal before the expiry of the said

period of sentence, this Court considers it expedient in the

interest of justice to suspend the sentence and enlarge the

applicant on bail, till the final disposal of the appeal.

8.     Hence, the following order :-

                               ::ORDER::

       (i)    The Interim Application stands allowed.

       (ii)   The sentence of fine imposed by the learned

       Additional Sessions Judge in Sessions Case No.

       800/2018, arising out of CR No. 336/2017 registered


SAINATH, PA                           2/3
                                                      17 APEAL-707-26.DOC

       with Saswad Police Station, stands suspended till the

       final disposal of the appeal.

       (iii) The Applicant – Sumit Sunil Jadhav, be enlarged

       on bail on furnishing a PR Bond in the sum of

       Rs.25,000/- and a surety in the like amount to the

       satisfaction of the learned Additional Sessions Judge.

       (iv) The Applicant shall mark his presence at Saswad

       Police Station, on the first Monday of September and

       March every year, till the disposal of the appeal.

       (vi)   The Applicant shall attend the proceedings in

       this appeal, as and when directed.



                                             [N. J. JAMADAR, J.]




SAINATH, PA                            3/3

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