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Bombay High Court

anita dixitversusthe state of maharashtra

Decided
Disposal
Disposed Off

Holding

The Court suspended the applicant's sentence and granted bail pending the final disposal of the revision.

Summary

Anita Dixit, convicted under Section 501 of the IPC by a Judicial Magistrate and whose conviction was affirmed by the Additional Sessions Judge, applied for suspension of her six‑month imprisonment and bail pending a criminal revision. She was already in custody, having previously been on bail during trial without misusing liberty. The State opposed the relief fearing she might abscond. The Court noted the short term of the sentence, her prior good conduct on bail, and the likely delay in disposing of the revision. Accordingly, the Court suspended the sentence and granted bail on cash and surety conditions. The interim application was allowed.

Issues considered

  • Whether the applicant is entitled to suspension of her sentence and bail pending the hearing of the criminal revision.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • criminal revision
  • IPC 501
  • interim relief

Judgment

                                                                            502-IA-3238-2026(CR).doc

                Shubhada S Kadam


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 3238 OF 2026
                                                     IN
                                CRIMINAL REVISION APPLICATION NO. 484 OF 2026

                      Anita Dixit                                              … Applicant
                      Versus
                      The State of Maharashtra and anr.                        … Respondents
                      _________________________________________________________________

                      Mr. Prashant Pandey along with Mr. Dinesh Jadhvani, Ms. Neha Balani,
                      Ms. Riddhima Mangaonkar, Mr. Mahesh Patil, Ms. Simran Wadekar and
                      Mr. Yugam Lakkad i/b. Mr. Tarun Sharma, Advocate for Applicant.
                      Mr. Balraj B. Kulkarni, , Advocate for Respondent No.1-State.
                      _________________________________________________________________

                                                           CORAM      :    SHIVKUMAR DIGE, J.
                                                           DATE       :    11th SEPTEMBER, 2026.
                      P.C. :

                      1.           By this application, the applicant is seeking suspension of

                      sentence and bail during the pendency of revision.

                      2.           Learned counsel for the applicant submitted that the applicant

                      was convicted by learned Judicial Magistrate First Class, Thane, vide

                      judgment and order dated 27th September, 2019 for offence punishable

                      under Section 501 of the Indian Penal Code 1860 and sentenced to suffer

                      simple imprisonment for six months and pay fine of Rs.2000/-, in default
         Digitally
         signed by
         SHUBHADA
                      of payment of fine, to undergo simple imprisonment for ten days. Learned
SHUBHADA SHANKAR
SHANKAR  KADAM
KADAM    Date:
         2026.09.11
         18:41:20
                      counsel further submitted that the said conviction is confirmed by learned
         +0530


                      Additional Sessions Judge, Thane by judgment and order dated 7 th


                                                       Page 1 of 2
                                                             502-IA-3238-2026(CR).doc

Shubhada S Kadam


     September, 2026.       The applicant is behind bars. During the trial, the

     applicant was on bail and she has not misused the liberty. Hence,

     requested to allow the application.

     3.            Learned APP for respondent-State strongly objected to allow the

     application on the ground that if applicant is released on bail, she may

     abscond and requested to reject the application.

     4.            I have heard both learned counsel.

     5.            The sentence imposed on applicants is short term sentence.

     During the trial, the applicant was on bail and she has not misused the

     liberty. It may take time to dispose of the revision.

     6.            In view of above, the applicant’s sentence is suspended and she

     be enlarged on bail, pending the hearing and final disposal of the revision,

     on the following terms and conditions.

                                          ORDER

          1.       The applicant be released on cash bail of Rs.15,000/- on

                   executing PR bond of the same amount.

          2.       The applicant shall furnish surety of the same amount within

                   two months on release from jail.

                   The interim application is allowed in above terms.

     7.            All concerned to act on authenticated copy of this order.


                                                      (SHIVKUMAR DIGE, J.)


                                        Page 2 of 2


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