Bombay High Court
RAJESH RAMA SHITOLEversusTHE STATE OF MAHARASHTRA Through the Police Station Officer Sinnar Police Station
- Decided
- Disposal
- Disposed Off
Holding
Interim bail was granted to the applicant on a personal bond of Rs.20,000 with sureties.
Summary
The applicant, Vaishali Anil Tikam, was convicted by a Judicial Magistrate First Class for offences under Sections 417, 419 and 420 read with Section 34 of the Indian Penal Code, receiving six months imprisonment for Section 417 and two years each for Sections 419 and 420, to run concurrently. The Sessions Judge later reduced the sentences for Sections 419 and 420 to one year each. The applicant, who has been in custody since 30‑09‑2026, filed an interim application seeking suspension of the sentence and bail, contending that he had been on bail during the trial and had not misused his liberty. The State opposed, fearing the applicant might abscond if released. The Court, noting the short‑term nature of the sentence and the applicant’s clean bail record, allowed the interim application, granting bail on a personal bond of Rs.20,000 with one or two sureties, and disposed of the application.
Issues considered
- Whether an interim bail/suspension of sentence can be granted for a short‑term sentence where the accused has not misused liberty during trial.
Legislation cited
- Indian Penal Code — s. 34, 417, 419, 420
Subjects
- interim bail
- suspension of sentence
- short‑term sentence
- IPC
- Section 417
- Section 419
- Section 420
- criminal procedure
Judgment
905- IA 3519 of 2026.doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3519 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 536 OF 2026
VAISHALI Rajesh Rama Shitole ...Applicant
ANIL
TIKAM Vs.
The State of Maharashtra ...Respondent
Digitally signed _________________________________________________________________
by VAISHALI
ANIL TIKAM
Date: Mr. Akshay Bankapur, Advocate for Applicant.
2026.10.08
18:12:55 +0530
Mr. S.M. Mangaonkar, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 7th OCTOBER, 2026.
P.C. :
1. Heard learned counsel for the Applicant and learned APP for
the State.
2. By this Application, the applicant is seeking suspension of
sentence.
3. It is contention of learned counsel for the Applicant that
Applicant was convicted by the Learned Judicial Magistrate First Class,
Sinnar by judgment and order dated 19/06/2015 passed in Regular
Criminal Case No. 39 of 2014, for the offences punishable under Sections
417, 419, and 420 read with Section 34 of the Indian Penal Code, 1860
(for short 'IPC'). The Applicant was directed to undergo simple
imprisonment for six month under Section 417 of IPC and simple
imprisonment for two years each under Sections 419 and 420 of IPC. All
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905- IA 3519 of 2026.doc
Tikam
substantive sentences to run concurrently. The Learned Sessions Judge
has reduced the sentence under Sections 419 and 420 of IPC to one year
each and modified the judgment of Learned JMFC. Learned counsel
further submitted that the Applicant is behind bars since 30/09/2026.
During trial he was on bail. He has not misused his liberty and requested to
allow the Interim Application.
4. Learned APP strongly objected to allow the interim application
stating that if the applicant is granted bail, he may abscond and requested
to reject the application.
5. I have heard both learned counsel. The sentence imposed on
the Applicant is short-term sentence. During trial he was on bail and not
misused his liberty. Considering these facts, I pass following order:
ORDER
(i) Interim Application is allowed.
(ii) The applicant be enlarged on bail on furnishing P. R. Bond in
the sum of Rs.20,000/- with one or two sureties in the like
amount.
(iii) Interim Application is disposed of.
(SHIVKUMAR DIGE, J.)
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