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Bombay High Court

JAYDEEP AJIT GHASEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the interim application, suspending the substantive sentence until the appeal is finally disposed of and granting bail on condition of a bond and sureties.

Summary

The appellant, Jaydip Ajit Ghase, was convicted by the Additional Sessions Judge, Alibag, in Sessions Case No. 4 of 2022 for offences under Sections 420, 489B, 489C, 489D, 489E of the Indian Penal Code and was sentenced to three years' rigorous imprisonment with fines. He filed an interim application seeking suspension of the sentence and enlargement of bail, claiming that the lengthy pendency of the appeal would make it impossible to serve the term before final disposal. The State opposed, arguing that the evidence was overwhelming and the conviction should stand. The High Court, noting the delay in the appeal, exercised its discretion in favour of the appellant, allowing the application, suspending the sentence pending the appeal, and granting bail on a bond of Rs.25,000 with sureties. The order also imposed conditions on the appellant, including non‑contact with witnesses and periodic reporting to the police station.

Issues considered

  • Whether the sentence imposed on the appellant should be suspended pending the final disposal of the appeal
  • Whether the appellant is entitled to be enlarged on bail despite the conviction

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • interim application
  • appeal pending
  • IPC offences
  • Criminal Procedure

Judgment

                                                                                 8-APEAL-811-2026.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION
                                                 APPEAL NO. 811 OF 2026


                      Jaydip Ajit Ghase                                                ..Appellant
                            Versus
                      The State of Maharashtra                                      …Respondent

                                                        WITH
                                       INTERIM APPLICATION NO. 3295 OF 2026
                                                         IN
                                               APPEAL NO. 811 OF 2026


                      Mr. Prashant P Raul, with Suraj S Mhadgut, for the Appellant.
                      Mr. D. J. Haldankar, APP, for the Respondent.
                      Mr. R.V. More, PSI, Alibag Police Station.

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


                      P.C.:
ARUN
RAMCHANDRA
SANKPAL
                      APPEAL NO. 811 OF 2026 :
Digitally signed by
ARUN

                      1.      Heard.
RAMCHANDRA
SANKPAL
Date: 2026.09.28
11:18:06 +0530


                      2.      Admit.

                      3.      Call R & P.

                      INTERIM APPLICATION NO. 3295 OF 2026:

                      4.      Heard the learned Counsel for the Applicant.

                      5.      Issue notice to the Respondent.


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                                                       8-APEAL-811-2026.DOC

6.      Mr. D. J. Haldankar, 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 10th August 2026, in Sessions

Case No. 4 of 2022, the learned Additional Sessions Judge, Alibag, has

convicted the Applicant alongwith co-accused for the offences

punishable under Sections 420, 489B, 489C, 489D and 489E of the

Indian Penal Code, 1860 (“the Penal Code”) and sentenced him to suffer

rigorous imprisonment for a term of three yeas and pay varying

amounts of fine for the offences punishable under Sections 498 B, 489C

and 489D. A separate sentence of fine has also been imposed for the

offence punishable under Section 489E of the Penal Code, in addition to

a sentence of      rigorous imprisonment for two years and fine of

Rs.5,000/- for the offence punishable under Section 420 of the Penal

Code.

9.      The learned Counsel for the Applicant submits that by an order

dated 10th August 2026, the Additional Sessions Judge has released the

Applicant on bail under Section 389 (3) of the Code of Criminal

Procedure, 1973.




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                                                       8-APEAL-811-2026.DOC

10.   Mr. D.J. Haldankar, the learned APP, resisted the prayer for

suspension of sentence. It was submitted that there is overwhelming

evidence and material which sustains the conviction of the Applicant.

11.   Evidently, the Applicant has been sentenced to suffer a fixed term

of sentence of three years and, having regard to the large pendency of

the cases, it is extremely unlikely that that this Appeal can be taken up

for hearing and final disposal in the near future.

12.   In these circumstance, this Court is inclined to exercise the

discretion in favour of the Applicant.

13.   Hence, the following order.

                               14.   : O R D E R:

             (i)    Application stands allowed.

             (ii)   The substantive sentence imposed on the Applicant,

             Jaidip Ajit Ghase, by the learned Additional Sessions Judge,

             Alibag, in Sessions Case No. 4 of 2022 arising out of Crime

             No.151 of 2021 registered with Alibag Police Station,

             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.




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                                                 8-APEAL-811-2026.DOC

      (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   address   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 Alibag

      Police Station, District Raigad, 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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