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Bombay High Court

RAJENDRA SHANKARRAO RANMALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The application is allowed; the sentence is suspended pending appeal and bail is granted subject to conditions.

Summary

The appellant, Rajendra Shankarrao Ranmale, was convicted by the Additional Sessions Judge, Nashik, in Sessions Case No. 344 of 2022 for offences under Sections 279 and 338 of the Indian Penal Code, receiving six months' rigorous imprisonment and a fine of Rs.1,000 on each count. He filed an interim application seeking suspension of the sentence and enlargement on bail pending the appeal. The High Court noted that the sentence was short and the appeal would likely not be decided within a reasonable time, justifying suspension. The Court allowed the application, suspending the substantive sentence until the final disposal of the appeal and granting bail on a PR bond of Rs.25,000 with sureties. Conditions were imposed, including non‑contact with the informant and witnesses, furnishing address details to the investigating officer, and periodic reporting to the police station.

Issues considered

  • What is the appropriate relief when a convicted person seeks suspension of a short sentence pending appeal?
  • Should bail be granted to the appellant pending the final disposal of the appeal?

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • IPC Section 279
  • IPC Section 338
  • criminal appeal
  • high court

Judgment

                                                                                5-APEAL-793-2026.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION
                                                 APPEAL NO. 793 OF 2026


                      Rajendra Shankarrao Ranmale                                     ..Appellant
                            Versus
                      State of Maharashtra                                         …Respondent

                                                        WITH
                                       INTERIM APPLICATION NO. 3241 OF 2026
                                                         IN
                                               APPEAL NO. 793 OF 2026


                      Mr. Aman Kazi, with Sachin Gite, for the Appellant.
                      Smt. R.S. Tendulkar, APP, for the Respondent-State.

                                                     CORAM:           N. J. JAMADAR, J.
                                                     DATE :           24th SEPTEMBER 2026


                      P.C.:

ARUN
RAMCHANDRA
                      APPEAL NO. 793 OF 2026:
SANKPAL

Digitally signed by
ARUN

                      1.      Heard.
RAMCHANDRA
SANKPAL
Date: 2026.09.28
11:18:05 +0530


                      2.      Admit.

                      3.      Call R & P.

                      INTERIM APPLICATION NO. 3241 OF 2026:


                      4.      Heard the learned Counsel for the Applicant.

                      5.      Issue notice to the Respondent.

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                                                     5-APEAL-793-2026.DOC

6.    Smt. R.S. Tendulkar, the learned APP, waives service of notice for

the Respondent-State.

7.    This is an Application for suspension of sentence and to enlarge

the Applicant on bail.

8.    By a judgment and order dated 20 th August 2026 in Sessions Case

No. 344 of 2022, the learned Additional Sessions Judge, Nashik, has

convicted the Applicant for the offences punishable under Sections 279

and 338 of the Indian Penal Code, 1860 (“the Penal Code”) and

sentenced him to suffer rigorous imprisonment for six months and pay

fine of Rs. 1,000/-, on each count.

9.    The learned Counsel for the Applicant submits that the Applicant

has been enlarged on bail by the learned Additional Sessions Judge.

10.   As the sentence imposed by the learned Additional Sessions

Judge is a short one and it is unlikely that the Appeal can be heard and

finally decided within a reasonable period, the sentence deserves to be

suspended.

11.   Hence, the following order:

                                  : O R D E R:

      (i)    Application stands allowed.

      (ii)   The substantive sentence imposed on the Applicant,

      Rajendra Shankarrao Ranmale, by the learned Additional

      Sessions Judge, Nashik, in Sessions Case No. 344 of 2022 arising


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                                                         5-APEAL-793-2026.DOC

      out of Crime No. I-338/2019, Adgaon Police Station, Nashik,

      stands suspended till the final disposal of the Appeal.

      (iii)   The Applicant be enlarged on bail, on furnishing a PR Bond

      in the sum of Rs.25,000/- and one or two sureties in the like

      amount, to the satisfaction of the learned Additional Sessions

      Judge.

      (iv)    The Applicant shall not contact, or give threat to, the first

      informant and the witnesses examined by the prosecution.

      (v)     Upon being released on bail, the applicant shall furnish his

      addresses and contact number to the Investigating Officer and

      keep him informed in case of any change therein.

      (vi)     The Applicant shall mark his presence at Adgaon Police

      Station, District Nashik , on the first Monday of December and

      July, every year, till the final disposal of the Appeal.

      Application disposed.

                                              [N. J. JAMADAR, J.]




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