Bombay High Court
AKASH SOPAN CHAVANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the delay in filing the appeal, suspended the substantive sentence, and granted bail to the appellant pending the final disposal of the appeal.
Summary
The appellant, Akash Sopan Chavan, was convicted by the Additional Sessions Judge, Thane, for causing the disappearance of evidence under Section 201 read with Section 34 of the Indian Penal Code and sentenced to three years’ rigorous imprisonment and a fine of Rs.5,000. He filed an appeal 218 days after the judgment, seeking condonation of delay, and also applied for suspension of the sentence and bail pending the appeal. The High Court, after considering the appellant’s justification, condoned the delay in filing the appeal. It further exercised its discretion to suspend the substantive sentence and ordered the appellant’s release on bail upon furnishing a personal bond of Rs.25,000 with sureties, subject to conditions. The court directed the appellant not to contact witnesses and to report his address to the investigating officer, and to appear periodically at the police station until the appeal is finally decided. The interim applications were allowed, and the appeal remains pending for final disposal.
Issues considered
- Whether a delay of 218 days in filing an appeal against a conviction can be condoned under the principles of substantive justice.
- Whether the sentence imposed for an offence under IPC Section 201 read with Section 34 can be suspended pending the final disposal of the appeal.
- Whether bail can be granted under Section 389(3) of the CrPC in the circumstances of a short-term imprisonment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389(3)
- Indian Penal Code — s. 201, 34
Subjects
- condonation of delay
- suspension of sentence
- bail
- IPC 201
- IPC 34
- CrPC 389
- appeal
- evidence tampering
Judgment
11-APEAST-18653-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL (ST) NO.18653 OF 2026
Akash Sopan Chavan ..Appellant
Versus
State of Maharashtra …Respondents
WITH
INTERIM APPLICATION NO. 3255 OF 2026
WITH
INTERIM APPLICATION NO. 3256 OF 2026
IN
APPEAL (ST) NO.18653 OF 2026
Mr. R. M. Bhor, for the Appellant.
Mr. D.J. Haldankar, APP, for the Respondent-State.
CORAM: N. J. JAMADAR, J.
DATE : 24th SEPTEMBER 2026
ARUN
RAMCHANDRA
SANKPAL
P.C.:
Digitally signed by
ARUN
RAMCHANDRA
SANKPAL
Date: 2026.09.28
INTERIM APPLICATION NO. 3255 OF 2026 (CONDONATION OF
11:18:06 +0530
DELAY):
1. Heard the learned Counsel for the parties.
2. This is an Application for condonation of delay of 218 days in
filing the Appeal against the judgment and order dated 4 th December
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11-APEAST-18653-2026.DOC
2025, passed by the learned Additional Sessions Judge, Thane, in
Sessions Case No. 201 of 2020.
3. In the Application, the Applicant has ascribed justifiable reasons
for condonation of delay.
4. Hence, for the reasons ascribed in the Application and to advance
the cause of substantive justice, the delay in preferring the Appeal
stands condoned.
5. Application disposed.
APPEAL (ST) NO.18653 OF 2026 :
6. Heard.
7. Admit.
8. Call R & P.
INTERIM APPLICATION NO. 3256 OF 2026 (SUSPENSION OF
SENTENCE):
9. This is an Application for suspension of sentence and to enlarge
the Applicant on bail during the pendency of the Appeal.
10. By a judgment and order dated 4 th December 2025, in Sessions
Case No. 201 OF 2020, the learned Additional Sessions Judge, Thane,
has convicted the Applicant for an offence punishable under Section
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11-APEAST-18653-2026.DOC
201 read with Section 34 of the Indian Penal Code, 1860 (“the Penal
Code”) and sentenced him to suffer rigorous imprisonment for three
years and pay a fine of Rs. 5,000/- with default stipulation.
11. The learned Counsel for the Applicant submits that the learned
Sessions Judge has released the Applicant on bail under the provisions
of Section 389 (3) of the Code of Criminal Procedure, 1973.
12. Since the Applicant was found guilty of the offence of causing the
disappearance of evidence and sentenced to suffer imprisonment for a
period of three years, which is a short sentence, and it is unlikely that
the Appeal can be taken up for final hearing and disposal in near future,
this Court is inclined to exercise the discretion in favour of the
Applicant.
13. Hence, the following order:
:ORDER:
(i) Application stands allowed.
(ii) The substantive sentence imposed on the Applicant,
Akash Sopan Chavan, by the learned Additional Sessions
Judge, Thane, in Sessions Case No. 201 of 2020 arising out
of Crime No.144 of 2019 registered with Uttan Sagari
Police Station, stands suspended till the final disposal of
the Appeal.
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11-APEAST-18653-2026.DOC
(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.
(v) The Applicant shall mark his presence at Uttan
Sagari Police Station, District Thane, 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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