Bombay High Court

RUPESH SUBHASH CHAVANversusSTATE OF MAHARASHTRA

Decided: 1 October 2026
Disposal: Allowed

Holding

The sentence imposed by the Additional Sessions Judge is suspended until the final disposal of the appeal, and the appellant is enlarged on bail upon furnishing the required bond and surety.

Summary

The appellant, Rupesh Subhash Chavan, was convicted by an Additional Sessions Judge for offences under IPC Sections 336 and 427 and Section 3 of the Public Property (Prevention of Damage) Act, 1985, receiving a one‑year rigorous imprisonment and a fine of Rs.10,000. He had earlier been released on bail under CrPC Section 389(3). The appellant filed an interim application seeking suspension of the sentence and enlargement of bail pending the appeal, arguing that the short term of imprisonment would not be served before the appeal is heard. The High Court considered the applicability of Section 389(3) and the principle that a sentence may be suspended when the appeal is likely to take a considerable time. The Court allowed the interim application, suspended the substantive sentence until the appeal is finally decided, and ordered the appellant to be enlarged on bail upon furnishing a PR bond and surety of Rs.15,000 each, with conditions to report to the police station periodically.

Issues considered

Whether the sentence imposed in the Sessions Court can be suspended pending the final disposal of the appeal
Whether the appellant is entitled to enlargement of bail under CrPC Section 389(3) during the pendency of the appeal

Legislation cited

Code of Criminal Procedure, 1973 — s. 389(3)
Indian Penal Code — s. 336, 427
Public Property (Prevention of Damage) Act, 1985 — s. 3

Subjects

suspension of sentence
bail enlargement
criminal appeal
CrPC
IPC
public property act

Judgment

                                                                       5-APEAL-822-2026.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                            APPEAL NO. 822 OF 2026


                      Rupesh Subhash Chavan                                 ..Appellant

                              Versus

                      State of Maharashtra                              …Respondent

                                                   WITH
                                    INTERIM APPLICATION NO. 3369 OF 2026
                                                     IN
                                           APPEAL NO. 822 OF 2026


                      Mr. Mosin Naik, a/w Mr. Aaran Dias, for Appellant/Applicant.

                      Mr. D J Haldankar, APP for Respondent - State.


                                                 CORAM :      N. J. JAMADAR, J.
                                                 DATE   :     01st OCTOBER 2026

                      P.C.:
SAINATH
SANJAY
BODKHE
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.10.03
                                                 APPEAL/822/2026
12:24:11 +0530




                      1.      Heard.

                      2.      Admit.

                      3.      Call R & P.

                                                   IA/3369/2026

                      4.      This is an application for suspension of sentence and to

                      enlarge the applicant on bail, during the pendency of the

                      appeal.

                      SAINATH, PA                       1/3
                                               5-APEAL-822-2026.DOC

5.      By a judgment and order dated 19 th August, 2026 passed

by the learned Additional Sessions Judge in Sessions Case No.

100637/2023, the applicant has been convicted for the offences

punishable under Sections 336 and 427 of the Indian Penal

Code, 1860 and Section 3 of the Public Property (Prevention of

Damage) Act, 1985 (“Act, 1985”) and for the major offence

punishable under Section 3 of the Act, 1985, the applicant has

been sentenced to suffer rigorous imprisonment for one year

and pay a fine of Rs.10,000/-.


6.      Mr. Naik, the learned Counsel for the applicant submits

that, the learned Additional Sessions Judge has released the

applicant on bail under the provisions of Section 389(3) of the

Code of Criminal Procedure, 1973.


7.      As the applicant has been sentenced to suffer a short

sentence of one year and it is unlikely that, this appeal can be

taken up for hearing and final disposal in the immediate future,

the substantive sentence deserves to be suspended till the final

disposal of the appeal.


8.      Hence the following order :-




SAINATH, PA                            2/3
                                                     5-APEAL-822-2026.DOC




                                ::ORDER::

        (i)      The Interim Application stands allowed.

         (ii)    The   substantive   sentence   imposed    by   the

         learned Additional Sessions Judge, Greater Mumbai

         in Sessions Case No. 100637/2023, arising out of CR

         No. 552/2022 registered with Kalachowki Police

         Station, Mumbai, stands suspended till the final

         disposal of the appeal.

         (iii)   The Applicant – Rupesh Subhash Chavan, be

         enlarged on bail on furnishing a PR Bond in the sum

         of Rs.15,000/- and a surety in the like amount, to the

         satisfaction of the learned Additional Sessions Judge.

         (iv)     The Applicant shall mark his presence at

         Kalachowki Police Station, Mumbai on the first

         Monday of November and May every year, till the

         disposal of the appeal.

         (v)     The Applicant shall attend the proceedings in

         this appeal, as and when directed.



                                             [N. J. JAMADAR, J.]




SAINATH, PA                            3/3

Continue reading with your account

Checking your session…