Bombay High Court
MOHAMMAD ARIF DAKHAVEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court suspended the substantive sentence until disposal of the appeal and granted bail on condition of a bond and surety.
Summary
The applicant, Mohammad Arif Dakhave, was convicted under Section 304-A of the IPC and Section 33 of the Maharashtra Medical Practitioner Act, 1961, receiving a two‑year rigorous imprisonment and a fine of Rs.1,00,000. He filed an interim application seeking suspension of the sentence and bail, arguing that he had already deposited the fine and had not misused liberty while on bail during trial. The State opposed, fearing the applicant might abscond if the sentence were suspended. The Court noted the short‑term nature of the sentence, the applicant’s compliance with bail conditions, and the deposit of the fine, and therefore ordered the substantive sentence to be suspended pending appeal and granted bail upon furnishing a bond of Rs.25,000 with surety. The interim application was disposed of in the applicant’s favour.
Issues considered
- Whether the applicant’s sentence should be suspended pending appeal
- Whether bail should be granted to the applicant after depositing the fine
Legislation cited
- Indian Penal Code, 1860 — s. 304-A
Subjects
- bail
- suspension of sentence
- criminal appeal
- IPC 304A
- Maharashtra Medical Practitioner Act
Judgment
130-IA-4695-25.doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4695 OF 2025
IN
CRIMINAL APPEAL NO. 1257 OF 2025
Mohammad Arif Dakhave … Applicant
Versus
The State of Maharashtra … Respondent
_________________________________________________________________
Mr. Satish Muley a/w. Mr. Mosin Naik and Mr. Zoheib Sayyed, Advocates
Digitally signed
SONALI by SONALI
SATISH Date:
SATISH KILAJE
KILAJE 2026.01.30
10:31:35 +0700
for the Applicant.
Mr. P. P. Jadhav, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By this application, the applicant is seeking suspension of
sentence and grant of bail.
2. It is contention of learned counsel for the applicant that
applicant has been convicted under Section 304-A of Indian Penal Code,
1860 (for short “IPC”) and Section 33 of the Maharashtra Medical
Practitioner Act, 1961 and sentenced to suffer rigorous imprisonment for 2
years and pay fine of Rs.1,00,000/- and in default to undergo rigorous
imprisonment for six months. Leaned counsel for the applicant further
submits that applicant has deposited the fine amount. During the trial he
was on bail, hence requested to allow the application.
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130-IA-4695-25.doc
S.S.Kilaje
3. Learned APP strongly objected to allow the application on the
ground if applicant’s sentence is suspended he may abscond, hence
requested to reject the application.
4. I have heard all learned counsel. Perused impugned Judgment
and order. The sentence imposed on the applicant is a short term
sentence. During trial applicant was on bail. He has not misused the
liberty. The applicant has deposited the fine amount. It may take time to
conclude the trial and I pass following order.
ORDER
i. The substantive sentence imposed on the applicant in
Sessions Case No. 323 of 2019 is suspended till
disposal of the appeal.
ii. The applicant be enlarged on bail on furnishing
P.R.Bond in the sum of Rs. 25,000/- with one or two
surety in the like amount.
iii. The bail bond to be furnished before the Trial Court.
5. Interim application stands disposed of.
(SHIVKUMAR DIGE, J.)
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