Bombay High Court

NAMDEO BALIRAM PATILversusTHE STATE OF MAHARASHTRA

Decided: 23 September 2026
Disposal: Disposed Off

Holding

The court suspended the substantive sentence pending the revision application and granted bail on a bond.

Summary

Namdev Baliram Patil, convicted under Sections 420, 468, 419, 467 and 471 of the Indian Penal Code and sentenced to three years rigorous imprisonment with a fine, applied for suspension of his sentence and bail. He argued that he had been on bail during trial, had deposited the fine and had not misused his liberty, and that the sentence was short‑term. The State opposed, fearing he might abscond if released. The High Court, noting the short‑term nature of the sentence and the applicant’s prior bail, suspended the substantive sentence pending disposal of the revision application and granted bail on a bond of Rs.25,000 with sureties. The application was therefore allowed.

Issues considered

Whether a sentence of three years rigorous imprisonment can be suspended pending disposal of a revision application
Whether bail can be granted to a convicted person serving a short‑term sentence
Whether the risk of absconding justifies denial of bail

Legislation cited

Indian Penal Code — s. 419, 420, 467, 468, 471

Subjects

bail
suspension of sentence
revision application
IPC offences
short term sentence
criminal procedure

Judgment

                                                              903-IA-3052-2026.doc


N.S.Kamble



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 3052 OF 2026
                                   IN
                             REVN/481/2026

Namdev Baliram Patil                            ...Applicant
VERSUS
The State Of Maharashtra                        ...Respondent
_________________________________________________________________
Mr.Aditya Vijay Sawant a/w Ms.Simran S. Raut, for the Applicant.
Mr.S.M. Mangaonkar, APP, for the Respondent-State.
_________________________________________________________________
                                   CORAM           : SHIVKUMAR DIGE, J.
                                   DATE            : 23rd SEPTEMBER 2026

P.C. :

.             This is an application for suspension of sentence and for bail.

2.            Heard learned counsel for the Applicant and the learned

Additional Public Prosecutor.

3.            The Applicant was convicted by the learned Judicial Magistrate

First Class, Pen in Reg. Cri. Case No.63 of 2008 for the offence punishable

under Section 420, 468 and 419 of the Indian Penal Code (‘IPC’ for short)

and sentenced to suffer rigorous Imprisonment for three years along with

fine of Rs.2,000/- and indefault to suffer simple imprisonment of one

month.

4.            The Applicant was further convicted for the offence punishable


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                                                            903-IA-3052-2026.doc


N.S.Kamble


under Section 467 and 471 of the IPC and sentenced to suffer rigorous

Imprisonment for three years along with fine of Rs.2,000/- and indefault to

suffer simple imprisonment of one month.             The above sentence is

confirmed by the Additional Sessions Judge, Raigad at Alibaug.

5.           It is contention of the learned counsel for the Applicant that

during trial the Applicant was on bail. The Applicant has deposited the

fine amount. The Applicant has not misused of the liberty. The sentence

imposed on the Applicant is short term sentence and requested to allow the

Application.

6.           The learned APP strongly objected to allow the Application if

the sentence is suspended he may abscond. Hence, requested to reject the

Application.

7.           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.

8.           The Application is disposed of in the following terms.

                                    ORDER

               (i)      The substantive sentence of imprisonment awarded

               in Reg. Cri. Case No.63 of 2008 by Judicial Magistrate First


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                                                           903-IA-3052-2026.doc


N.S.Kamble


             Class, Pen to the applicant is hereby suspended pending

             disposal of the Revision Application.

             (ii)     The Applicant be released on bail on executing a P.R.

             Bond in the sum of Rs.25,000/- with one or two sureties in

             the like amount.

             (iii)    The bail bonds to be furnished before concerned

             learned Judicial Magistrate, Pen.

             (iv)     The Application is allowed and disposed of.

             (v)      All pending Applications are disposed of.



                                                (SHIVKUMAR DIGE, J.)




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