Created by Fuzzy Cloud

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

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


                                                           Page 1 of 2
                                                               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.)




                                         Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.