Bombay High Court
Shashikant Popat ShardulversusThe State Of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The Court suspended the substantive imprisonment sentence and granted bail to the applicant pending disposal of the revision application.
Summary
The applicant was convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 and sentenced to three months' imprisonment and a fine of Rs.1,000, which was confirmed by the Sessions Judge. He had been on bail during the trial and had been in custody for five days pending the appeal. The applicant filed an interim application seeking suspension of the sentence and release on bail pending the disposal of the revision application. The State opposed the bail on the ground that the applicant might abscond. Considering the short term of the sentence, the applicant's prior bail record and lack of misuse of liberty, the Court suspended the substantive sentence and ordered his release on cash bail of Rs.20,000 with a surety, subject to furnishing the bail bonds within two months.
Issues considered
- Whether a short‑term sentence under the Essential Commodities Act may be suspended pending appeal
- Whether bail can be granted to a convicted person pending the disposal of a revision application
Legislation cited
- Essential Commodities Act, 1955 — s. 3, 7
Subjects
- bail
- suspension of sentence
- Essential Commodities Act
- revision application
- criminal appellate jurisdiction
- short term imprisonment
Judgment
905-IA-3188-2026 (CR).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3188 OF 2026
IN
CRIMINAL REVISION APPLICATION NO.482 OF 2026
Shashikant Popat Shardul ...Applicant
VERSUS
Digitally signed
NILAM by NILAM
SANTOSH
The State Of Maharashtra ...Respondent
SANTOSH KAMBLE
KAMBLE Date: 2026.09.10
18:35:18 +0530
____________________________________________________________
Mr.Narayan Rokade a/w Ms.Mrunmai Rokade, for the Applicant.
Ms.R.D. Humane, APP for Respondent-State.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 10th 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 has been convicted for the offence punishable
under Section 3 read with Section 7 of the Essential Commodities Act,
1955. The maximum sentence imposed on the Applicant is three months
imprisonment and directed to pay fine of Rs.1,000/- in default to suffer
simple imprisonment of 7 days. The said sentenced is confirmed by the
learned Sessions Judge. The Applicant is behind bar for five days.
4. During the trial the Applicant was on bail. It may take time to
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N.S.Kamble
dispose of the Appeal. Hence, requested to allow the Application.
5. The learned APP strongly objected to allow the Application on
the ground that if the Applicant released on bail, he may abscond. Hence,
requested to reject the Application.
6. 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 Appeal.
7. The Application is disposed of in the following terms.
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 cash bail of Rs.20,000/-
in RRCC No.143 of 2010 passed by learned JMFC,
Pimpalgaon (B), Taluka-Niphad, District-Nashik, and
confirmed by learned Additional Sessions Judge, Niphad, on
furnishing PR bond of Rs.20,000/-.
(iii) The Applicant shall furnish surety of the same
amount within two months after releasing from jail.
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N.S.Kamble
(iv) The bail bonds to be furnished before concerned
court.
(v) The Application is disposed of.
(SHIVKUMAR DIGE, J.)
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