Bombay High Court

AMOL VITTHAL WAGH AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 4 March 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The court suspended the sentences and granted bail pending the appeal, disposing of the criminal appeal.

Summary

The appellants were convicted under IPC sections 324 read with 34 and 323 read with 34, receiving sentences of one year and three months respectively, to run concurrently, with a fine of Rs.500 each. They had been on bail during the trial and alleged no misuse of liberty. They filed an interim application seeking suspension of their sentences and continuation of bail pending the appeal. The learned judge noted that the maximum sentence was one year, bail had already been granted, and there was no reason to deny bail. Consequently, the court ordered suspension of the sentences, enlarged bail on a bond of Rs.30,000 with sureties, and disposed of the criminal appeal.

Issues considered

Whether the sentence of the convicted appellants can be suspended and bail continued pending the disposal of the appeal.

Legislation cited

Code of Criminal Procedure, 1973 — s. 235(2)
Indian Penal Code, 1860 — s. 323, 324, 34

Subjects

bail
suspension of sentence
IPC
CrPC
criminal appeal
concurrent sentences
Section 34
Section 324
Section 323

Judgment

                                                                  133-IA-651-2026.doc


Rohit Ghuge


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 651 OF 2026
                                    IN
                      CRIMINAL APPEAL NO. 203 OF 2026
1. Amol Vitthal Wagh
2. Pappu @ Akshay Dnyaneshwar Wagh
3. Dnyaneshwar Bhikaji Wagh                      ...Appellants
                                   Versus
1. The State of Maharashtra
2. Sangita Bharat Gaikwad                        ...Respondents
_________________________________________________________________
Mr. Pratik Kalantri, Advocate for the Applicant.
Mr. M. G. Patil, APP for Respondent-State.
_________________________________________________________________

                                          CORAM        :   SHIVKUMAR DIGE, J.
                                          DATE         :   4th MARCH, 2026.
P.C. :

.             This is an application for suspension of sentence and bail.
2.            Heard learned counsel for the applicant and learned APP.
3.            The applicants have been convicted in C. R No. 55 of 2017 for
the offence punishable under Section 324 read with section 34 of Indian
Penal Code vide Section 235(2) of the Criminal Procedure Code, 1973 and
sentenced to suffer imprisonment for one year each and to pay fine of
Rs.500/- each (Rupees Five Hundred each Only), in default to suffer
simple imprisonment for 8 (Eight) days. The applicant have been convicted
for the offence punishable under Section 323 read with section 34 of
Indian Penal Code vide Section 235(2) of the Criminal Procedure Code,
1973 and sentenced to suffer imprisonment for 3 (three) months each.
Both the sentences to run concurrently.

                                       Page 1 of 2
    This order is corrected as per speaking to the minutes of order dated 02nd April,
                                          2026
                                                                133-IA-651-2026.doc


Rohit Ghuge




4.            It is the contention of learned counsel for the applicant that the
trial Court has granted bail and suspended his sentence during the appeal
period. During the trial, the applicant was on bail and he has not misused
the liberty. Hence, requested to allow the application.
5.            The learned APP for respondent-State strongly objected to allow
the application.
6.              I have heard both learned counsel.
7.            The maximum sentence imposed on the applicant is of one year.
The trial Court has granted bail to the applicant and suspended his
sentence during the appeal period. During the trial, the applicant was on
bail and he has not misused the liberty. It may take time to dispose of the
appeal.
8.            In view of above, the applicant’s sentence is suspended and he
is enlarged on bail, pending the hearing and final disposal of the appeal,
on the following terms and conditions.
                                      ORDER
          (i)      The applicant, be enlarged on bail in C.R. No. 55 of 2017 of
                   Nashik Taluka Police Station, Dist. Nashik on furnishing PR
                   bond in the sum of Rs.30,000/- with one or two sureties in
                   the like amount.
          (ii)     The bail bonds to be furnished before the learned Special
                   Judge/Sessions Judge.
          (iii)    The Criminal Appeal is disposed of.
9.            All concerned to act on the authenticated copy of this order.


                                                          (SHIVKUMAR DIGE, J.)

                                     Page 2 of 2
  This order is corrected as per speaking to the minutes of order dated 02nd April,
                                        2026

Continue reading with your account

Checking your session…