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
- Code of Criminal Procedure, 1973 — s. 389(3)
- Indian Penal Code — s. 420, 489B, 489C, 489D, 489E, 498B
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.
ARS 1/4
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.
ARS 2/4
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.
ARS 3/4
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.]
ARS 4/4
Checking your session…