Bombay High Court
Hanumant Vasudev MohiteversusThe State of Maharashtra
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court suspended the substantive sentence pending appeal, subject to the applicant furnishing a personal bond of Rs.15,000 with sureties.
Summary
Hanumant Vasudev Mohite was convicted under Section 420 of the Indian Penal Code and sentenced to up to three years imprisonment with a fine, plus a one‑month simple imprisonment. The trial court had already suspended the sentence during the appeal and granted interim bail. The applicant filed an interim application seeking formal suspension of the substantive sentence and bail, arguing that he had previously been on bail and had not misused his liberty. The State opposed, fearing the applicant might abscond if released. The High Court, noting the short term of the sentence and the applicant’s prior compliance while on bail, ordered the substantive sentence to remain suspended pending appeal, subject to the applicant furnishing a personal bond of Rs.15,000 with sureties, and directed that bail bonds be filed before the Additional Sessions Judge.
Issues considered
- Whether the substantive sentence should be suspended pending disposal of the appeal
- Whether bail should be granted despite the State's concern of possible absconding
Legislation cited
- Indian Penal Code, 1860 — s. 420
Subjects
- IPC 420
- suspension of sentence
- bail
- appeal
- short term sentence
- personal bond
Judgment
45-IA-4857-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4857 OF 2025
IN
REVISION APPLICATION NO.544 OF 2025
Hanumant Vasudev Mohite … Applicant
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE Versus
KAMBLE Date: 2026.01.09
11:27:21 +0530
The State Of Maharashtra … Respondent
________________________________________________________
Mr.Vikrant V. Phatate a/w Mr.Mahesh S. Arjun, for the Applicant.
Mr.Arfan Sait, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th JANUARY, 2026
P.C. :
. This is an application for suspension of sentence and for bail.
2. Heard learned counsel for the Applicant and the learned
Additional Public Prosecutor.
3. The Applicant has been convicted for the offence punishable
under Section 420 of the Indian Penal Code (‘IPC’ for short). The
maximum sentence imposed on the Applicant is of 3 years with fine of
Rs.5,000/- indefault to suffer Simple Imprisonment for one month.
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45-IA-4857-2025.doc
N.S.Kamble
The learned Additional Sessions Court/trial Court has suspended the
sentence during the appeal period and has granted interim bail to the
Applicant.
4. During the trial the Applicant was on bail. It may take time
to dispose of the Appeal. Hence, requested to allow the Application.
5. The learned APP strongly objected to allow the Application
on the ground that if the Applicant released on bail, he may abscond.
Hence, requested to reject the Application.
6. Considering the submission of both learned counsel as well
as sentence imposed on the Applicant is short term sentence. During
trial Applicant was on bail. He has not misused the liberty.
Considering these facts, the sentence is suspended till final disposal of
the Appeal.
7. The Application is disposed of in the following terms.
ORDER
(i) The substantive sentence of imprisonment
awarded to the applicant is hereby suspended pending
disposal of the appeal, subject to the applicant furnishing a
PR bond in the sum of Rs.15,000/- with one or two
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45-IA-4857-2025.doc
N.S.Kamble
sureties in the like amount.
(ii) The bail bonds to be furnished before the learned
Additional Sessions Judge.
(iii) The Criminal Application is disposed of.
(SHIVKUMAR DIGE, J.)
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