Bombay High Court

SHAILESH JAYANTILAL THAKKARversusSTATE OF MAHARASHTRA

Decided: 12 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The court suspended the applicant’s sentence and granted bail pending the appeal, subject to a personal bond and sureties.

Summary

The applicant, convicted under Sections 328, 188 and 273 of the Indian Penal Code and sentenced to rigorous imprisonment and fines, filed an interim application seeking suspension of his sentence and bail pending the hearing of his appeal. The trial court had already granted bail and suspended the sentence, and the applicant deposited the fine and allegedly did not misuse his liberty while on bail. The State opposed the application. Justice Shivkumar Dige, after hearing both sides, noted that the maximum sentence was three years, the applicant was already on bail, and the appeal would take time. Consequently, the court ordered the continuation of bail and suspension of the sentence, subject to a personal bond of Rs.30,000 with sureties, to be filed before the trial court. The interim application was disposed of in the applicant’s favour.

Issues considered

Whether the applicant is entitled to suspension of sentence and bail pending the disposal of his appeal

Legislation cited

Indian Penal Code, 1860 — s. 188, 273, 328

Subjects

bail
suspension of sentence
appeal
Indian Penal Code
criminal procedure

Judgment

                                                              129-IA-389-2026.doc



Rohit Ghuge


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION

               INTERIM APPLICATION NO. 389 OF 2026
                               IN
                         APEAL/134/2026
Shailesh Jayantilal Thakkar                              … Applicant
       Versus
The State of Maharashtra                                 … Respondent
________________________________________________________
Mr. Mayank Gandhi a/w Mr. Gaurav Lele & Mr. Nirav Choradiya,
Advocate for the Applicant.
Mr. M. G. Patil, APP for Respondent-State.
________________________________________________________
                                 CORAM : SHIVKUMAR DIGE, J.
                                 DATE           : 12th FEBRUARY 2026
P.C. :

1.            By this application, the applicant is seeking suspension of
sentence and bail during the pendency of appeal filed by the applicant.
2.            The applicant has been convicted for the offence punishable
under Section 328, 188, 273 of Indian Penal Code and sentenced to suffer
rigorous imprisonment of three years and to pay fine of Rs.25000/-
(Rupees Twenty Five Thousand Only), and in default, to suffer rigorous
imprisonment for 1 (one) year. For offence punishable under Section 188
of    Indian Penal Code, the applicant is sentenced to suffer rigorous
imprisonment for period of six months and to pay fine of Rs. 1,000/- and
in default, to suffer rigorous imprisonment for 2 (two) months and for
offence punishable under Section 273 of Indian Penal Code, (the applicant
is sentenced to suffer rigorous imprisonment for period of six months and

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                                                                    129-IA-389-2026.doc



Rohit Ghuge


pay fine of Rs. 1,000/- in default, to suffer rigorous imprisonment of two
months.
3.            It is contention of learned counsel for the applicant that the trial
Court has granted bail and suspended his sentence during the appeal
period. The applicant has deposited the fine amount. During the trial, the
applicant was on bail and he has not misused the liberty. Hence, requested
to allow the application.
4.            The learned APP for respondent-State strongly objected to allow
the application.
5.            I have heard both learned counsel.
6.            The maximum sentence imposed on the applicant is of three
years. The trial Court has granted bail to the applicant and suspended his
sentence during the appeal period. During the trial, the applicant was on
bail and he has not misused the liberty. It may take time to dispose of the
appeal.
7.            In view of above, the applicant’s sentence is suspended and he
is enlarged on bail, pending the hearing and final disposal of the appeal,
on the following terms and conditions.
                                      ORDER
              i.         The applicant be enlarged on bail on furnishing
                         P. R. Bond in the sum of Rs.30,000/- with one
                         or two sureties in the like amount.
              ii.        The bail bond to be furnished before the Trial
                         Court.
              Interim Application stands disposed of.
8.            All concerned to act on the authenticated copy of this order.



                                                   (SHIVKUMAR DIGE, J.)

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