Bombay High Court
VASANT MAHADU WANIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court suspended the substantive sentence pending disposal of the revision application and granted bail to the applicant.
Summary
The applicant was convicted by the Metropolitan Magistrate, 72nd Court, Vikroli, Mumbai, under Section 354 and Section 323 of the Indian Penal Code, receiving six months and two months of rigorous imprisonment respectively, along with a compensation order of Rs.20,000 to the victim, which was later confirmed by the Additional Sessions Judge, Greater Mumbai. The applicant filed an interim application seeking suspension of the sentence and bail pending a pending revision application, contending that he had previously been on bail during trial and had not misused his liberty. The respondent opposed the application, arguing that the applicant might abscond if the sentence were suspended. The Court, noting the short term of the sentences, the applicant’s prior bail record, and the pending revision, ordered the suspension of the substantive sentence until the revision is disposed and granted bail on a cash deposit of Rs.10,000 with a personal bond and sureties. The order also required the bail bonds to be furnished before the concerned court. The application was thus disposed with the relief granted.
Issues considered
- Whether a short‑term rigorous imprisonment sentence can be suspended pending disposal of a revision application.
- Whether bail can be granted to a convicted person in the circumstances described.
Legislation cited
- Indian Penal Code, 1860 — s. 323, 354
Subjects
- suspension of sentence
- bail
- revision application
- IPC 354
- IPC 323
- criminal procedure
- interim relief
Judgment
506-IA-3135-2026 IN REVN-464-26.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3135 OF 2026
IN
CRIMINAL REVISION APPLICATION NO.464 OF 2026
Vasant Mahadu Wani ...Applicant
Digitally signed
VERSUS
by NILAM
NILAM SANTOSH State of Maharashtra ...Respondent
SANTOSH KAMBLE
KAMBLE Date:
2026.09.03 ____________________________________________________________
17:22:18 +0530
Mr.Vishwanath Patil a/w Mr.Harshwardhan Karande, for the Applicant.
Mr.B.B. Kulkarni, for the Respondent.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 3rd SEPTEMBER 2026
P.C. :
. Not on board. Taken on board.
2. By this Application, the Applicant is seeking suspension of
sentence and bail.
3. Heard learned counsel for the Applicant and learned APP.
4. The Applicant was convicted by the learned Metropolitan
Magistrate, 72nd Court, Vikroli, Mumbai, in CC No.362/PW/2010 for the
offence punishable under Section 354 of the Indian Penal Code, 1862
(‘IPC’ for short) and sentenced to suffer Rigorous Imprisonment for six
months. The Applicant has also convicted under Section 323 of IPC and
sentenced to suffer Rigorous Imprisonment for two months. The Applicant
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506-IA-3135-2026 IN REVN-464-26.doc
N.S.Kamble
was directed to pay compensation of Rs.20,000/- to the victim and the said
conviction is confirmed by Additional Sessions Judge, Greater Mumbai.
5. The learned counsel for the Applicant submitted that the said
compensation is paid. The learned counsel further submitted that the order
passed by the learned Magistrate is confirmed by the Sessions Judge,
Mumbai and the Applicant has taken in to the custody.
6. The learned counsel further submitted that during trial the
Applicant was on bail. He has not misused liberty. The sentence imposed
on the Applicant is short term sentence and requested to allow the
Application.
7. The learned APP strongly objected to allow the Application on
the ground that the Applicant has been convicted by the Courts below. If
the sentence is suspended he may abscond. Hence, requested to reject the
Application.
8. 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 liberty. It may take time to
dispose of the Revision Application. Considering these facts, the sentence is
suspended till final disposal of the Revision Application.
9. The Application is disposed of in the following terms.
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506-IA-3135-2026 IN REVN-464-26.doc
N.S.Kamble
ORDER
(i) The substantive sentence of imprisonment awarded to
the applicant is hereby suspended pending disposal of the
Revision Application.
(ii) The Applicant be released on depositing cash bail of
Rs.10,000/- and furnishing P.R. bond of same amount
convicted in CC No.362/PW/2010 by Metropolitan
Magistrate, 72nd Court, Vikroli, Mumbai, and confirmed by
learned Additional Sessions Judge, Greater Mumbai.
(iii) The Applicant shall furnish one or two sureties of the
same amount within two months after releasing from jail.
(iv) The bail bonds to be furnished before concerned
Court.
(v) The Application is disposed of.
(SHIVKUMAR DIGE, J.)
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