Bombay High Court
Sanjay Nivrutti ChakaleversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The Court suspended the applicant's sentence and granted bail pending the appeal.
Summary
The applicant, Sanjay Nivrutti Chakale, was convicted under Section 409 of the Indian Penal Code and sentenced to one year of rigorous imprisonment with a fine. He filed an interim application seeking suspension of his sentence and bail pending the appeal. The trial court had already granted bail during the trial, and the applicant argued he had not misused his liberty. The respondent State objected to the application. The Court observed that the sentence was short-term, bail had already been granted, and there was no misuse of liberty, and therefore ordered the suspension of the sentence and granted bail on condition of a bond. The interim application was disposed of with the bail order.
Issues considered
- Whether the applicant is entitled to suspension of his sentence during the pendency of the appeal
- Whether bail should be granted or continued pending the appeal
Legislation cited
- Indian Penal Code, 1860 — s. 409
Subjects
- bail
- suspension of sentence
- criminal revision
- Section 409 IPC
- appeal
- short-term sentence
Judgment
58-REVN-433-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2932 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 433 OF 2026
Sanjay Nivrutti Chakale ...Applicant/s
Versus
The State of Maharashtra ...Respondent/s
_________________________________________________________________
Mr. Vikas Shivarkar, Advocate for Applicant.
Mr. S. M. Mangaonkar, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 7th SEPTEMBER, 2026.
P.C. :
1. By this application, the applicant is seeking suspension of
sentence and bail during the pendency of appeal filed by the applicant.
2. The applicant has been convicted for offence punishable under
Section 409 of the Indian Penal Code 1860 and sentenced to suffer
rigorous imprisonment for one year and to pay fine of Rs.1,000/- and in
default, to suffer rigorous imprisonment for one month.
3. It is the contention of learned counsel for the applicant that the
SHUBHADA Trial Court has granted bail to the applicant and suspended his sentence
SHANKAR
KADAM
Digitally signed by
during the appeal period. During the trial, the applicant was on bail and he
SHUBHADA
SHANKAR KADAM
Date: 2026.09.08
15:04:02 +0530 has not misused the liberty. Hence, requested to allow the application.
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58-REVN-433-2026 (CR).doc
Shubhada S Kadam
4. The learned APP for respondent-State strongly objected to allow
the application.
5. I have heard both learned counsel.
6. The sentence imposed on the applicant is short-term sentence.
The Trial Court has granted bail to the applicant and suspended his
sentence during the appeal period. During the trial, the applicant was on
bail and he has not misused the liberty. It may take time to dispose of the
revision.
7. In view of above, the applicant’s sentence is suspended and he
is enlarged on bail, pending the hearing and final disposal of the revision,
on the following terms and conditions.
ORDER
(I) The applicant be enlarged on bail in connection with RCC
No.5465 of 2009 on furnishing P. R. Bond in the sum of
Rs.25,000/- with one or two sureties in the like amount.
(II) The bail bond to be furnished before the Trial Court.
Interim Application stands disposed of.
8. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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