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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

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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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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                        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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