SHAILESH MOHANLAL KARAVAversusSTATE OF MAHARASHTRA

                                                          501-ia578-2026-2.doc


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


                 INTERIM APPLICATION NO.578 OF 2026
                                 IN
                   CRIMINAL APPEAL NO. 215 OF 2026

Shailesh Mohanlal Karava                        … Applicant
             Versus.
The State of Maharashtra                        … Respondents

                                 -------
Mr. Pravin Jadhav h/f Mr. Vikrant Phatate for the Applicant.
Mr. S. H. Yadav, APP for the State.

                                -------
                               CORAM       : ASHWIN D. BHOBE, J.

                               DATED       : SEPTEMBER 15, 2026
P.C.:-


1.       This Interim Application was circulated pursuant to the praecipe

dated 15th September 2026, same is marked as ‘X’ for identification. Mr.

Vikrant Phatate, learned Advocate for the Applicant, submitted that

there is urgency in the matter, as the Trial Court, after convicting the

Applicant, suspended the sentence for 30 days, which period will expire

on 20th August 2026. In view of the urgency expressed by Mr. Vikrant

Phatate, learned Advocate for the Applicant, this Application was

ordered to be placed on today’s Production Board.


2.       Heard Mr. Vikrant Phatate, learned Advocate for the Applicant




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and Mr. S. H. Yadav, learned APP for the State.


3.    By the present Application, the Applicant, who stands convicted

of offences punishable under Sections 323, 353 and 506 of the Indian

Penal Code, has sought suspension of sentence and release on bail. The

Applicant is directed to undergo rigorous imprisonment for a period of

six (6) months for the offence punishable under Section 353 of the IPC;

for a period of one (1) month for the offence punishable under Section

506 of the IPC; and for a period of one (1) month for the offence

punishable under Section 323 of the IPC. All substantive sentences are

ordered to run concurrently. In addition, the Applicant is directed to pay

a fine of Rs. 5,500/-.


4.    Mr. Vikrant Phatate, learned Advocate for the Applicant, states

that the Applicant was on bail during the pendency of Sessions Case No.

60 of 2025. He submits that the Applicant has not violated the bail

condition and has regularly appeared before the Trial Court in Sessions

Case No. 60 of 2025 whenever the matter was fixed. He submits that

upon conviction by the judgment and order dated 19 th August 2026,

the Applicant filed an Application under Section 430(3) of the BNSS,

2023, seeking suspension of sentence and release on bail. He submits

that the Trial Court allowed the Application vide order dated 19 th

August 2026, thereby staying the substantive sentence for 30 days.




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5.    Mr. S. H. Yadav, learned APP for the State, submits that the

Applicant has been convicted after a full-fledged trial. However, he does

not dispute that the maximum sentence the Applicant would have to

undergo is six (6) months' imprisonment and payment of a fine.


6.    Perused the record with the assistance of the learned Advocates.


7.    A perusal of the grounds raised in the memo of appeal, read in

the context of the impugned judgment and order dated 19 th August

2026 passed by the Additional Sessions Judge, Solapur, in Sessions Case

No. 60 of 2025, indicates that the Applicant has a good chance of

succeeding on the merits. As submitted by Mr. Vikrant Phatate, learned

Advocate for the Applicant, the Applicant was on bail and there are no

allegations that the Applicant violated any of the bail conditions.


8.    In view of the above, this Application is allowed on the following

conditions:


      (a)     The sentence imposed on the Applicant vide impugned

      judgment and order dated 19th August 2026 in Sessions Case No.

      60 of 2025 shall stand suspended pending Criminal Appeal No.

      215 of 2026 and the Applicant shall be released on bail on

      furnishing PR bond in the sum of Rs. 15,000/- to the satisfaction

      of the Additional Sessions Judge, Solapur, in Sessions Case No. 60

      of 2025.




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                          (b)   The Applicant shall regularly attend and appear before this

                          Court in Criminal Appeal No. 215 of 2026, whenever the matter

                          is fixed, unless specifically exempted.


                          (c)   The Applicant shall provide the Investigating Officer at

                          Sadar Bazar Police Station, Solapur with his residential address

                          and proof thereof, his contact number and must inform the

                          Investigating Officer, of any changes to this information from time

                          to time.


                    9.    Interim Application No.578 of 2026 is disposed of.




       Digitally
       signed by
       VAIBHAV
                                                                    (ASHWIN D. BHOBE, J.)
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
       2026.09.16
       18:30:26
       +0530




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