Bombay High Court
SUMIT SUNIL BAGKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the sentence is to be suspended until the appeal is finally disposed and the appellant is to be released on bail subject to conditions.
Summary
The appellant, Sumit Sunil Bagkar, was convicted by the Additional Sessions Judge, Alibag, for offences under Sections 489C, 489D and 489E of the IPC and sentenced to three years' rigorous imprisonment with fines. He applied to the Bombay High Court for suspension of the sentence and enlargement on bail, invoking Section 389(3) of the CrPC. The State opposed the application, arguing that the evidence was overwhelming and the conviction should stand. The Court noted the large pendency of cases and the likelihood that the appeal would not be heard soon, and exercised its discretion in favour of the appellant. Consequently, the Court allowed the interim application, suspended the sentence pending final disposal of the appeal, and ordered the appellant to be released on bail upon furnishing a bond and sureties, with conditions attached.
Issues considered
- Whether the sentence imposed on a convicted appellant may be suspended pending final disposal of the appeal
- Whether bail can be granted to a convicted person under Section 389(3) of the CrPC after conviction
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389(3)
- Indian Penal Code — s. 489C, 489D, 489E
Subjects
- suspension of sentence
- bail
- IPC 489C
- IPC 489D
- IPC 489E
- CrPC 389
- high court
- interim application
Judgment
9-APEAL-812-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL NO. 812 OF 2026
Sumit Sunil Bagkar ..Appellant
Versus
State of Maharashtra …Respondent
WITH
INTERIM APPLICATION NO. 3296 OF 2026
IN
APPEAL NO. 812 OF 2026
Mr. Prashant P Raul, with Suraj S Mhadgut, for the Appellant.
Smt. R.S. Tendulkar, 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. 812 OF 2026 :
Digitally signed by
ARUN
1. Heard.
RAMCHANDRA
SANKPAL
Date: 2026.09.28
11:18:07 +0530
2. Admit.
3. Call R & P.
INTERIM APPLICATION NO. 3296 OF 2026:
4. Heard the learned Counsel for the Applicant.
5. Issue notice to the Respondent.
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9-APEAL-812-2026.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 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 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 489C and 489D. A separate
sentence of fine is also imposed for the offence punishable under
Section 489E 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.
10. Smt. R.S. Tendulkar, 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
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9-APEAL-812-2026.DOC
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.
: O R D E R:
(i) Application stands allowed.
(ii) The substantive sentence imposed on the Applicant, Sumit
Sunil Bagkar, 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.
(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.
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9-APEAL-812-2026.DOC
(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
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