Bombay High Court
LAHU SAKHARAM PATILversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court suspended the applicant’s imprisonment pending the revision application and granted cash bail, finding no reason to deny relief.
Summary
The applicant, Vaishali Anil Tikam, was convicted by the Metropolitan Magistrate and the conviction was confirmed by the Additional Sessions Judge for offences under Sections 294, 509 and 354-A of the Indian Penal Code, attracting short-term imprisonment and fines. While on bail during the trial, the applicant did not misuse the liberty granted to him. He filed an interim application seeking suspension of the sentence and release on bail pending the disposal of a revision application. The Court noted the brevity of the sentences, the applicant’s compliance with bail conditions, and the absence of any misconduct. Accordingly, the Court ordered the suspension of the substantive imprisonment until the revision is decided and granted cash bail of Rs.15,000 upon furnishing a surety bond. The interim application was therefore allowed and the applicant was released on bail.
Issues considered
- Whether a short‑term sentence may be suspended pending the disposal of a revision application.
- Whether the applicant is entitled to bail in view of his conduct while on bail during trial.
Legislation cited
- Indian Penal Code, 1860 — s. 294, 354-A, 509
Subjects
- suspension of sentence
- bail
- IPC Section 294
- IPC Section 509
- IPC Section 354-A
- criminal revision
- short term imprisonment
Judgment
70 IA 2934-2026 aw -REVN-431-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2934 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 431 OF 2026
VAISHALI
ANIL Lahu Sakharam Patil ...Applicant/s
TIKAM VERSUS
Digitally signed The State Of Maharshtra ...Respondent/s
by VAISHALI
ANIL TIKAM
Date:
2026.09.11
16:55:52 +0530
_________________________________________________________________
Mr. Ankit R. Table a/w. Mandar Waidarde, Advocate for Applicant.
Mr. S.S. Pednekar, APP for the State.
PSI Ashok Sutar, Agripada Police Station present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 9th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the Applicant and learned APP.
2. This is an application for suspension of sentence and for bail.
3. The Applicant has been convicted by the Learned Metropolitan
Magistrate Court vide Judgment and Order dated 10/02/2026 and
sentenced to undergo simple imprisonment of three months and to pay fine
of Rs.1,000/- and in default of fine, to suffer SI for seven days for the
offence punishable under Section 294 of Indian Penal Code (IPC). Further
he was convicted under Section 509 of IPC and sentenced to undergo SI
for one year and to pay fine of Rs.2,000/- and in default of fine, to
undergo SI of one month. Further he was convicted for the offence under
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Tikam
Section 354-A of IPC and also sentenced to undergo SI for one year and
to pay fine of Rs.2,000/- and in default of fine, SI for one month, which
was confirmed by the Additional Sessions Judge, Bombay by Judgment and
Order dated 12/08/2026.
4. Considering the submission of both learned counsel as well as
sentence imposed on the Applicant is short term sentence. During trial
Applicant was on bail. He has not misused the liberty. Considering these
facts, the sentence is suspended till final disposal of the Revision
Application.
5. The Application is disposed of in the following terms.
ORDER
(i) Interim Application is allowed.
(ii) The substantive sentence of imprisonment awarded
to the applicant is hereby suspended pending disposal of
therevn Revision Application.
(iii) The Applicant be released on cash bail of
Rs.15,000/- in C.C. No. 4600037 /PW/2014 passed by the
Metropolitan Magistrate, 46th Court Mazgaon, Mumbai and
confirmed by the Learned Additional Sessions Judge, Greater
Mumbai, on furnishing PR bond of Rs.15,000/-.
(iv) The Applicant shall furnish surety of the same
amount within two months after releasing from jail.
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70 IA 2934-2026 aw -REVN-431-2026 (CR).doc
Tikam
(v) The bail bonds to be furnished before concerned
Court.
(vi) The Application is disposed of.
(SHIVKUMAR DIGE, J.)
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