Bombay High Court
Dattatray Ramchandra ChandawaleversusSanjay Bhimrao Magar
- Disposal
- Disposed Off
Holding
The sentence is suspended and the applicant is released on bail subject to a bond and surety.
Summary
The applicant, Dattatraya Ramchandra Chandwale, challenged his conviction and sentence imposed by a Judicial Magistrate First Class in 2019 for offences under Sections 166, 167, 219, 466 read with 34 of the Indian Penal Code. He filed a revision application and an interim application seeking suspension of the sentence and release on bail, arguing that he had been on bail throughout the trial and appeal, had no prior criminal record, was 72 years old, and suffered from chronic ailments. The High Court noted that the applicant had indeed been on bail during the trial and appeal and that his age and health warranted relief. The Court allowed the interim application, suspending the sentence and granting bail upon furnishing a personal bond of Rs.15,000 and a surety, with a condition that the applicant not contact the complainant. The revision application remains pending for further determination.
Issues considered
- Whether the sentence imposed in the trial court should be suspended pending the outcome of the revision application
- Whether the applicant is entitled to bail in view of his age, health, lack of antecedents, and prior bail status
Legislation cited
- Indian Penal Code, 1860 — s. 166, 167, 219, 34, 466
Subjects
- criminal revision
- suspension of sentence
- bail
- IPC sections 166, 167, 219, 466, 34
- age and health considerations
- no criminal antecedents
Judgment
503-REVN-91-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. REVISION APPLICATION NO. 91 OF 2026
Dattatraya Ramchandra Chandwale … Applicant
V/s.
Sanjay Bhimrao Magar … Respondent
WITH
INTERIM APPLICATION NO. 589 OF 2026
IN
CR. REVISION APPLICATION NO. 91 OF 2026
Dattatraya Ramchandra Chandwale … Applicant
V/s.
Sanjay Bhimrao Magar … Respondent
Adv. Shubham Dhenge a/w Ankita Mali, for the applicant.
Mr. Avinash Naik, APP for the respondent – State.
Adv. Bhushan Jadhav a/w Adv. S. Chawan, for the respondent
no.1.
CORAM : RAJESH S. PATIL, J.
DATED : OCTOBER 1, 2026
P.C.:
1. By the present Revision Application, the Applicant is
challenging the impugned judgment and order dated 22 March
2019 passed by the Judicial Magistrate First Class (J.M.F.C.),
Mhaswad, convicting the Applicant, who was Accused No.3, in
RCC No.50 of 2013 for offences punishable under Sections 166,
167, 219, 466 read with 34 of the Indian Penal Code, thereby
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503-REVN-91-2026.docx
sentencing him to rigorous imprisonment for one year and fine
of Rs.1,000/- for each offence and simple imprisonment of three
months in default of payment of fine, and as confirmed by the
impugned judgment and order dated 24 August 2026 passed by
the Additional Sessions Judge, Vaduj, District Satara, in Criminal
Appeal No.15 of 2019.
2. I have heard the learned counsel appearing for the parties
and gone through the record.
3. Admit.
4. Call for Record and Proceedings.
5. The Applicant to file private paper-book within a period of
six months from today.
6. The hearing of the Criminal Revision Application is hereby
expedited.
INTERIM APPLICATION NO. 589 OF 2026
7. By the present Interim Application, the Applicant is
seeking suspension of sentence imposed upon him vide
judgment and order dated 22 March 2019 passed by the Judicial
Magistrate First Class (J.M.F.C.), Mhaswad, in RCC No.50 of
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2013 for offences punishable under Sections 166, 167, 219, 466
read with 34 of the Indian Penal Code, thereby sentencing him
to rigorous imprisonment for one year and fine of Rs.1,000/- for
each offence and simple imprisonment of three months in
default of payment of fine, and as confirmed by the impugned
judgment and order dated 24 August 2026 passed by the
Additional Sessions Judge, Vaduj, District Satara, in Criminal
Appeal No.15 of 2019.
8. The present Interim Application has been filed for
suspension of sentence and being released on bail.
9. It is the case of the Applicant that the Applicant was on
bail during the trial, so also during the appeal pending before
the Sessions Court at Vaduj. There are no criminal antecedents
against the Applicant. The Applicant is 72 years of age. The
Applicant is behind bars from 24 August 2026. He is suffering
from age-old ailments.
10. Having heard the parties and considering the fact that the
Applicant was on bail during the hearing before the Trial Court
and the Sessions Court, a case is made out to suspend the
sentence.
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503-REVN-91-2026.docx
ORDER
I) The Interim Application stands allowed in
terms of prayer clauses (a) and (b).
II) The sentence imposed upon the applicant
vide judgment and order dated 22 March 2019
passed by the Judicial Magistrate First Class
(J.M.F.C.), Mhaswad, in RCC No.50 of 2013 for
offences punishable under Sections 166, 167,
219, 466 read with 34 of the Indian Penal Code
and confirmed by the impugned judgment and
order dated 24 August 2026 passed by the
Additional Sessions Judge, Vaduj, District
Satara, in Criminal Appeal No.15 of 2019 is
hereby suspended and the Applicant to be
released on bail on furnishing P.R. bond of
Rs.15,000/- and one solvent local surety in the
like amount.
III) The Applicant not to contact the
complainant in any manner.
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11. The Interim Application accordingly disposed of.
12. All parties to act on authenticated copy of this order.
(RAJESH S. PATIL, J.)
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