VASANT MARUTI NALAWADEversusThe State of Maharashtra Through Murgud Police Station

                                                          902-IA-557-2026.docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO.557 OF 2026
                                 IN
             CRIMINAL REVISION APPLICATION NO.81 OF 2026

Vasant Maruti Nalwade                               ...Applicant
      Versus
The State of Maharashtra & ors                      …Respondents

                               ——————
Dr. Shrikant Madhav Kulkarni, Mr. Panjkaj Dhanwade & Mr.
Sampatrao Pawar, Advocate for the Applicant.
Mr. Shrikant H. Yadav, APP for the respondents-State.
Mr. A. B. Kumbhar, Police Head Constable, Murgud Police Station
Kolhapur present.
                               ——————

                                  Coram :      RAJESH S. PATIL, J.

                                  Date     :   SEPTEMBER 4, 2026.

P. C. :

1.        This Interim Application has been filed in Criminal Revision

Application, thereby seeking suspension of order of sentence and

conviction passed by JMFC, Kagal and as confirmed by Sessions Court,

Kolhapur, during the pendency of the hearing of Criminal Revision

Application.

2.        It has been submitted before me that on the 1 January 2012, an

accident occurred at about 8:15 p.m. on Murgud-Nipani road near


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Hamidwada Sugar Factory on 1 January 2012. In the said accident, the

victim Bhauso Rajaram Patil died on 2 January 2012. An FIR was filed

and subsequently a chargesheet.

3.     The JMFC, Kagal heard the parties and passed judgment on 15

March 2013, convicting the applicant. In the said proceedings, on 10

February 2012, bail was granted to the present applicant, which was in

force till the disposal of the Summary Criminal Case before the JMFC,

Kagal. Thereafter, the applicant challenged the said order before the

Sessions Court at Kolhapur, being Criminal Appeal No. 65 of 2013. Before

also the Sessions Court, by an order dated 1 April 2013, bail was granted

to the present applicant, which remained in force till the disposal of the

appeal. Criminal Appeal No. 65 of 2013 was disposed of on 28 July 2026,

thereby confirming the order passed by the JMFC, Kagal. Immediately

thereafter, the applicant was taken into custody and is behind bars. The

present Criminal Revision Application has been filed on 18 August 2026.

4.    It is a well-settled position in law that the appellate Court can

leniently consider a convict’s request for suspension of the sentence in

cases where the term of the sentence is fixed except in exceptional

circumstances or where restrictions under any statute apply. If the

sentence imposed cannot be suspended, the revisional Court must

endeavour to adjudicate the revision on merits. Failing to do so could


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jeopardise the applicant’s statutory rights due to the passage of time. In

situations    where    the   revisional    Court   recognises   that   practical

circumstances may hinder the prompt resolution of the revision, it

becomes essential for the Court to exercise heightened diligence in

deliberating on sentence suspension. This ensures that the revision

process remains viable, meaningful, and effective. Additionally, when

granting bail, the revisional Court has the discretion to impose certain

conditions. A profitable reference in this regard can be made to the

decision in Bhagwan Rama Shinde Gosai v. State of Gujarat reported in

(1999) 4 SCC 421.

5.       It appears that the applicant is convicted, and at the post-

conviction stage of proceedings, it is imperative to consider that the

present revision, which has been filed in the month of August 2026, is

not likely to be heard immediately. Hence, at this stage, if the relief is

denied, the applicant may serve the entire term of his sentence before the

revision is heard and disposed of. In the light of the above, this Court

deems it fit to allow the present Interim Application on the following

terms:

(i)      Interim application is allowed.

(ii)     The sentence imposed upon the applicant vide judgment and order

dated 15 March 2013 passed by the JMFC, Kagal in Summary Criminal


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Case No. 461 of 2012, which was confirmed by learned Sessions Judge,

Kolhapur in Criminal Appeal No. 65 of 2013, stands suspended during

the pendency of the revision.

(iii) The applicant shall be released on bail upon executing a PR bond of

Rs. 15,000/- and one or two sureties of the like amount.

(iv)   The applicant to report to the concerned Murgud Police Station

once in every four months, starting from 1 October 2026, and thereafter

on 1 February 2027, and thereafter every four months on the first day of

the    month.

6.     Interim Application stands disposed of accordingly.

7.     All concerned to act on authenticated copy of this order.



                                                     (RAJESH S. PATIL, J.)




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