Bombay High Court

UMESH KONDIBA AVHADversusSTATE OF MAHARASHTRA AND ANR

Decided: 8 April 2026
Disposal: Allowed
Bench: A S GADKARI KAMAL KHATA

Holding

The court held that the applicant is entitled to suspension of his sentence and release on bail pending the appeal.

Summary

The applicant, Umesh Kondiba Avhad, sought suspension of his sentence and release on bail pending the appeal of his conviction. The record showed that co‑accused Nos.2, 3 and 4, who faced identical charges of assaulting the deceased, had already been released on bail. The respondent’s counsel conceded that the applicant’s role was the same as that of the co‑accused, establishing a claim to parity. The court considered whether this parity justified granting the same interim relief to the applicant. Finding that the applicant was indeed entitled to the same treatment, the court ordered suspension of his sentence and bail on condition of a surety bond and periodic police reporting. The application was allowed with directions for bail conditions and a provision for cancellation upon default.

Issues considered

Whether the applicant is entitled to suspension of his sentence and release on bail during the pendency of the appeal, based on parity with co‑accused who were granted bail.

Subjects

bail
suspension of sentence
parity with co-accused
interim relief
criminal appellate jurisdiction

Judgment

     pmk                                                   13-IA-783-2026.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.783 OF 2026

                                        IN

                            APPEAL NO.458 OF 2025

Umesh Kondiba Avhad                                  … Applicant

         V/s.

State of Maharashtra & Anr.                          … Respondents



Adv. Sumit Patil i/by Adv. Amit Icham for the Applicant.
Mr. Vinod Chate, APP for the Respondent-State.


                                  CORAM :     A. S. GADKARI AND
                                              KAMAL KHATA, JJ.
                                     DATE :   8th April, 2026.

P.C.:-

1)              This is an Application by Original Accused No.1 for suspension

of sentence and releasing him on bail, during the pendency of the Appeal.

2)              Record indicates that, the Original Accused Nos.2, 3 and 4 have

been released on bail by this Court by Orders dated 13 th February, 2026 and

4th March, 2026. Record further indicates that, the role attributed to the

Applicant were same and/or similar to that which has been attributed to

Naresh Donde (Accused No.2), Nayan Suresh Shinde(Accused No.3) and


                                                                                1/3
       pmk                                                 13-IA-783-2026.doc

Avinash Pralhad Sawant(Accused No.4) i.e. have assaulted the deceased

with fist and kick blows.

4)              Learned APP after perusing the record fairly conceded to the

fact that, the Applicant is entitled to claim parity with the co-accused

Naresh Donde(Accused No.2), Nayan Suresh Shinde(Accused No.3) and

Avinash Pralhad Sawant(Accused No.4).

5)              In view of the above, we are inclined to suspend the

substantive sentence imposed upon the Applicant and release him on bail,

during the pendency of the Appeal.

5.1)            Hence, the following Order-

             i. During the pendency of the Appeal, the substantive sentence

                imposed upon the Applicant is suspended.

             ii. Applicant be released on bail in Sessions Case No.263 of 2019

                arising out of C.R. No.73 of 2019 registered with Indiranagar

                Police Station, Nashik on their furnishing P.R. bond of

                Rs.50,000/- with one or more solvent local sureties in the like

                amount.

             iii. After his release from Jail and during the pendency of the

                present Appeal, the Applicant shall attend Indiranagar Police

                Station, District Nashik on every first Monday of the month

                between 10:00 am and 12:00 noon initially for a period of one

                year.

                                                                                2/3
     pmk                                                    13-IA-783-2026.doc

                  After end of one year, the Applicant shall attend Indiranagar

              Police Station, District Nashik on every first Monday of the

              every 3rd Month between 10:00 am and 12:00 noon. The

              Applicants thus shall attend Indiranagar Police Station, District

              Nashik four times in a year during the pendency of the present

              Appeal.

           iv. In case of two consecutive defaults in complying with the

              aforestated conditions, the Prosecution is at liberty to file an

              application for cancellation of bail.

6)            Application is allowed in the aforesaid terms.



           (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)




                                                                                 3/3

Continue reading with your account

Checking your session…