Bombay High Court

Appa Haribhau KaleversusThe State of Maharashtra Through Velapur Police Station, Solapur

Disposal: Disposed Off

Holding

The court held that the interim application for suspension of sentence is maintainable and allowed, as the applicant was on bail and had not breached its conditions.

Summary

The High Court of Bombay, Kolhapur Bench, entertained a criminal revision application filed by Appa Haribhau Kale challenging his conviction under Sections 143, 147, 148, 323, 324 read with 149 of the IPC. While the revision sought to set aside the conviction, the applicant also filed an interim application requesting suspension of the sentence, contending that he was on bail throughout the trial, had not violated bail conditions, and was falsely implicated due to political enmity. The court examined the bail record and the procedural posture of the case, noting that the sentence had already been suspended pending the revision. Relying on the fact that the applicant remained on bail and had not misused its terms, the court allowed the interim application, thereby maintaining the suspension of the sentence until the revision is decided. The order was pronounced by Justice Rajesh S. Patil on 24 September 2026.

Issues considered

Whether an interim application for suspension of sentence can be entertained while a criminal revision is pending.
Whether the applicant violated any conditions of bail during the trial and appeal.
Whether the conviction under the specified IPC sections should be stayed pending the outcome of the revision.

Legislation cited

Indian Penal Code, 1860 — s. 143, 147, 148, 149, 323, 324

Subjects

criminal revision
interim relief
suspension of sentence
bail conditions
false implication
political enmity
IPC offences

Judgment

                                                54-REVN-92-2026-(CR).docx


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

            CR. REVISION APPLICATION NO. 92 OF 2026

Appa Haribhau Kale                         … Applicant
            V/s.
The State Of Maharashtra Through
Velapur Police Station, Solapur            … Respondent

                               WITH
          CRI-INTERIM APPLICATION NO. 590 OF 2026
                                IN
          CR. REVISION APPLICATION NO. 92 OF 2026
Appa Haribhau Kale                    … Applicant
            V/s.
The State Of Maharashtra Through
Velapur Police Station, Solapur       … Respondent

Mr. Vaibhav Dhainge a/w. Mr. Vijay Jadhav a/w. Mr. Girish
Mujumdar, Advocate for the Applicant.
Mr. Avinash A. Naik, APP for the respondent-State.


                            CORAM      : RAJESH S. PATIL, J.


                            DATED      : SEPTEMBER 24, 2026
P.C.:
            CR. REVISION APPLICATION NO. 92 OF 2026
1.      This Criminal Revision Application challenges the impugned

judgment and order dated 21 March 2016 passed by the learned

JMFC, Malshiras, in RCC No.276 of 2006 for the offences

punishable under Sections 143, 147, 148, 323, 324 read with

Section 149 of the IPC, as confirmed by the learned Sessions


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Judge, Malshiras, in Criminal Appeal No.02 of 2016 vide judgment

and order dated 21 August 2026.


2.    It is submitted on behalf of the applicants that during the

pendency of the trial and appeal, the applicants were on bail and

had not misused the terms and conditions of bail.


3.    It is the case of the applicants that they have been falsely

implicated in the case. They have no antecedents and have been

falsely implicated in the crime due to previous political enmity

and, in fact, the prosecution has failed to prove its case.


4.    Heard the learned counsel for the applicants.


5.    Admit.


6.    Call for R & P.


7.    The hearing of the Criminal Revision Application is hereby

expedited.


               INTERIM APPLICATION NO.590 OF 2023


8.    This Interim Application is filed for suspension of sentence

by the applicants, who are the accused in the crime. The applicants

have been convicted for the offences punishable under Sections

143, 147, 148, 323, 324 read with Section 149 of the IPC.

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                                                  54-REVN-92-2026-(CR).docx


9.    By the present Interim Application, the applicants seek

suspension of the sentence imposed upon them.


10.   It is submitted on behalf of the applicants that during the

pendency of the trial and appeal, the applicants were on bail and

had not misused the terms and conditions of bail.


11.   It is the case of the applicants that they have been falsely

implicated in a false case. They have no antecedents and have

been falsely implicated in the crime due to previous political

enmity and, in fact, the prosecution has failed to prove its case.


12.   The learned counsel for the applicants has tendered a

photocopy of the order dated 21 August 2026 passed by the

learned Additional District and Sessions Judge, Malshiras, whereby

the sentence was suspended till the filing of the Revision

Application. The Revision Application has been filed in time on 7

September 2026.


13.   Considering the fact that the applicants were on bail during

the trial and before the appellate Court, interim application stands

allowed in terms of prayer clause (b).



                                               (RAJESH S. PATIL, J.)


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