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
- Indian Penal Code, 1860 — s. 332, 353, 504
- Motor Vehicles Act, 1988 — s. 122, 177
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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