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Bombay High Court

RAHUL CHANDRAKANT KARANDEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court held that the sentence should be suspended and bail enlarged pending the appeal.

Summary

The appellant, Rahul Chandrakant Karande, was convicted by a Sessions Court of offences under Sections 353, 332 and 504 of the Indian Penal Code and Sections 122 and 177 of the Motor Vehicles Act, receiving a two‑year rigorous imprisonment and fines. He filed an interim application seeking suspension of the sentence and enlargement of bail pending his appeal. The High Court noted that the sentence was short and the appeal was unlikely to be heard soon, and that the appellant had already been released on bail by the Sessions Judge. Accordingly, the Court allowed the application, suspended the substantive sentence until the appeal is finally decided, and ordered the appellant to be released on bail upon furnishing a bond and surety of Rs.15,000 each. The Court also imposed conditions of periodic police reporting and attendance at the appeal proceedings. The application was disposed.

Issues considered

  • Whether a sentence of rigorous imprisonment can be suspended pending the final disposal of an appeal.
  • Whether the bail granted by the Sessions Court can be enlarged on the basis of a bond and surety.

Legislation cited

Subjects

  • suspension of sentence
  • bail enlargement
  • criminal appeal
  • IPC
  • Motor Vehicles Act
  • interim application

Judgment

                                                                   903-APEAL783-2026.DOC

                                                                                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION


                                    CRIMINAL APPEAL NO. 783 OF 2026
                                                 WITH
                                  INTERIM APPLICATION NO. 3174 OF 2026

                      Rahul Chandrakant Karande                             ...Appellant/
                                                                                Applicant
                                       Versus
                      State Of Maharashtra And Anr.                    …Respondents

SANTOSH
SUBHASH               Mr. Shashank Patare, i/b Mangesh Mane, for the Appellant.
KULKARNI              Mr. D. J. Haldankar, APP for the State.
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.09.11
10:16:43 +0530
                                                       CORAM: N. J. JAMADAR, J.
                                                       DATED: 10th SEPTEMBER, 2026

                      PC:-

                      Appeal/783/2026


                      1.     Heard the learned Counsel for the appellant.


                      2.     Admit.


                      3.     Call R&P.


                      IA/3174/2026


                      4.     This is an application for suspension of sentence and to

                      enlarge the applicant on bail.


                      5.     By a judgment and order dated 18 th July, 2026, the

                      applicant has been convicted for the offences punishable under


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                                             903-APEAL783-2026.DOC

Sections 353, 332 and 504 of the Indian Penal Code, 1860 (“the

Penal Code”) and Sections 122/177 of the Motor Vehicles Act,

1988. For the major offences punishable under Sections 353

and 332 of the Penal Code the applicant has been sentenced to

suffer rigorous imprisonment for two years and pay fine of the

Rs.5,000/- on each count, with default stipulation.


6.     As the sentence imposed upon the applicant is short one

and it is extremely unlikely that this appeal can be taken up for

hearing and final disposal in near future and the applicant was

released on bail by the learned Sessions Judge by an order

dated 18th July, 2026, this Court is inclined to suspend the

sentence during the pendency of the appeal and release the

applicant on bail.


7.     Hence, the following order:


                            :ORDER:


(i)     The application stands allowed.


(ii)    The   substantive   sentence   imposed   by   the   learned

        Sessions Judge in Sessions Case No. 354/2019 arising

        out of CR No.176/2017 registered with Bazarpeth Police

        Station, Kalyan, stands suspended till the final disposal

        of the appeal.

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                                                903-APEAL783-2026.DOC

(iii)   The applicant be enlarged on bail on furnishing a PR

        Bond in the sum of Rs.15,000/- and a surety in the like

        amount to the satisfaction of the learned Sessions Judge.


(iv)    The applicant shall mark his presence at Bazarpeth

        Police Station, Kalyan, on the first Monday of October

        and April of every year till the disposal of the appeal.


(v)     The applicant shall attend the proceedings in this appeal,

        as and when directed.


        The application stands disposed.


                                             [N. J. JAMADAR, J.]




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