Bombay High Court
TABREJ SAYYAD RAHIMATULLA SAYYADversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court suspended the substantive sentence pending the appeal and granted bail on a bond of Rs.25,000 with sureties.
Summary
The applicant, Tabrej Sayyad Rahimatulla Sayyad, was convicted under IPC sections 352, 332, 504 and 506, each carrying a maximum simple imprisonment of one year. The Additional Sessions Court had already suspended the sentence during the pendency of the appeal and granted interim bail. The applicant sought further relief to continue the suspension of the sentence and to be released on bail, arguing that he had previously been on bail during trial and had not misused his liberty. The State opposed, fearing the applicant might abscond if released. The High Court, noting the short term of the imposed sentences, the applicant’s prior bail record, and the likelihood of a lengthy appeal, ordered that the substantive sentence remain suspended pending the appeal and that bail be granted on a bond of Rs.25,000 with sureties, to be filed before the Additional Sessions Judge.
Issues considered
- Whether the sentence imposed on the applicant should be suspended pending disposal of the appeal
- Whether bail should be granted to the applicant during the pendency of the appeal
Legislation cited
- Indian Penal Code, 1860 — s. 332, 352, 504, 506
Subjects
- bail
- suspension of sentence
- IPC
- criminal appeal
- interim application
- short term imprisonment
Judgment
93-IA-82 and 83-26 IN APEAL-34-2026.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 82 OF 2026
WITH
INTERIM APPLICATION NO. 83 OF 2026
IN
CRIMINAL APPEAL NO. 34 OF 2026
NILAM
Digitally signed
by NILAM
SANTOSH
Tabrej Sayyad Rahimatulla Sayyad … Applicant
SANTOSH KAMBLE
KAMBLE Date: 2026.01.20
11:31:08 +0530
Versus
State Of Maharashtra … Respondent
________________________________________________________
Mr.Deepak Tambe, for the Applicant/Appellant.
Mr.S.S. Pednekar, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th JANUARY, 2026
P.C. :
. Both these applications are for suspension of sentence and
for bail.
2. Heard learned counsel for the Applicant and the learned
Additional Public Prosecutor.
3. The Applicant has been convicted for the offence punishable
under Section 352, 332, 504, 506 of the Indian Penal Code (‘IPC’ for
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93-IA-82 and 83-26 IN APEAL-34-2026.doc
N.S.Kamble
short). The maximum sentence imposed on the Applicant is one year
Simple Imprisonment (‘SI’ for short) for each Section. The learned
Additional Sessions Court has suspended the sentence during the
appeal period and has granted interim bail to the Applicant.
4. During the trial the Applicant was on bail. It may take time
to dispose of the Appeal. Hence, requested to allow the Application.
5. The learned APP strongly objected to allow the Application
on the ground that if the Applicant released on bail, he may abscond.
Hence, requested to reject the Application.
6. Considering the submission of both learned counsel as well
as sentence imposed on the Applicant is short term sentence. During
trial Applicant was on bail. He has not misused the liberty. It may take
time to dispose of the appeal. Considering these facts, the sentence is
suspended till final disposal of the Appeal.
7. The Applications are disposed of in the following terms.
ORDER
(i) The substantive sentence of imprisonment
awarded to the applicant is hereby suspended pending
disposal of the appeal.
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93-IA-82 and 83-26 IN APEAL-34-2026.doc
N.S.Kamble
(ii) The Applicant-Tabrej Sayyad Rahimatulla Sayyad,
be enlarged on bail in Crime No.128 of 2015 registered
with Colaba Police Station, Mumbai, on furnishing PR
bond of Rs.25,000/- with one or two sureties in the like
amount.
(iii) The bail bonds to be furnished before the learned
Additional Sessions Judge.
(iv) The Criminal Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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