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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

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.



                                                       Page 1 of 2
                                                                     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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