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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

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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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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       (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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