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Bombay High Court
Trambak Shamrao Atram In Jail vs State Of Maharashtra Thr Its Pso Ps ... on 15 December, 2025
1 9-apeal-459-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Appeal No. 459 of 2025
Trambak Shamrao Atram
Versus
The State of Maharashtra through Police Station Officer, Police Station
Pandharkawdha, Dist. Yavatmal
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri M.P.Kariya, Advocate for the appellant.
Ms. S.N.Thakur, APP for the respondent/State.
CORAM : NIVEDITA P. MEHTA, J.
DATED : 15th DECEMBER, 2025.
Today, the victim is personally present
before the Court and seeks assistance of an advocate
from the Legal Aid Panel to represent her.
2. Accordingly, Ms. Deepali Patil, learned
Advocate from the Legal Aid Panel, is appointed to
represent the non-applicant/victim in the present
proceedings.
3. Learned appointed counsel for the non-
applicant/victim seeks time of two weeks to file her
reply.
4. The time as sought is granted.
5. Learned counsel for the applicant is directed
to furnish a copy of the memo of appeal along with all
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relevant documents to the learned appointed counsel for
the non-applicant/victim well in advance.
Criminal Application (APPA) No. 800 of 2025
The present application is filed by the
applicant under Section 430 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking suspension of sentence
and grant of bail pending final disposal of the criminal
appeal.
2. The applicant has preferred an appeal
challenging the judgment and order of conviction dated
09.07.2024 passed by the learned Special Judge-2 and
Additional Sessions Judge, Kelapur in Sessions Case No.
25 of 2013, whereby the applicant has been convicted
and sentenced as detailed hereinabove.
3. Learned counsel for the applicant submits
that the applicant was on bail throughout the trial and
has not misused the liberty so granted. It is contended
that the learned Trial Court failed to appreciate the
evidence in its proper perspective, despite there being
material omissions and contradictions in the depositions
of prosecution witnesses. It is further submitted that the
applicant has already undergone incarceration for more
than one and a half years and that the appeal is not likely
to be heard in the near future.
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4. The application is opposed by the learned
Additional Public Prosecutor, who submits that the
offences involved are grave and serious in nature. It is
contended that releasing the applicant on bail may result
in misuse of liberty and may adversely affect the
confidence of the victim. It is further submitted that the
learned Trial Court has correctly appreciated the
evidence on record and has rightly convicted the
applicant.
5. This Court has carefully considered the rival
submissions and perused the record. While dealing with
an application for suspension of sentence pending
appeal, the appellate Court is required to consider, inter
alia, the nature of accusation, the severity of
punishment, the period of sentence imposed, the
likelihood of the appeal being heard in the near future,
and the possibility of the applicant absconding or
misusing the liberty if released on bail.
6. It is well settled that at the stage of
considering suspension of sentence, the appellate Court
is not required to undertake a detailed re-appreciation of
evidence. The Court is only required to examine
whether a prima facie case is made out for suspension of
sentence and whether continued incarceration would
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cause undue hardship, particularly when the appeal is
not likely to be decided expeditiously.
7. In the present case, it is not in dispute that
the applicant was on bail throughout the trial and there
is no material on record to suggest that he has misused
the liberty so granted. The sentence imposed is of seven
years' rigorous imprisonment, the applicant has already
undergone incarceration for more than one and a half
years.
8. This Court also takes note of the prevailing
docket position, which indicates that the appeal is not
likely to be taken up for final hearing in the immediate
future. Continued detention of the applicant during
pendency of the appeal, in such circumstances, would
defeat the very object of the statutory right of appeal.
9. At the same time, the seriousness of the
offences and the rights of the victim cannot be lost sight
of. However, the same can be balanced by imposing
appropriate conditions while granting suspension of
sentence.
10. In view of the above, this Court is of the
considered view that the applicant has made out a case
for suspension of sentence. Accordingly, the application
is allowed.
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11. The substantive sentence imposed upon the
applicant by the learned Special Judge-2 and Additional
Sessions Judge, Kelapur in Sessions Case No. 25 of 2013
is hereby suspended pending final disposal of the appeal.
The applicant shall be released on bail on the following
conditions:
i) The applicant shall execute a Personal
Recognizance Bond in the sum of ₹25,000/- (Rupees25,000/- (Rupees
Twenty Thousand only) with one solvent surety in the
like amount, to the satisfaction of the Trial Court.
ii) The applicant shall report before the Trial
Court on the first Monday of every calendar month until
further orders.
iii) The applicant shall furnish his current
residential address and mobile number to the concerned
Sessions Court and shall inform the Court of any change
in address or contact details forthwith.
iv) It is clarified that the learned Additional
Public Prosecutor and/or the Investigating Officer shall
be at liberty to move for cancellation of bail in the event
of breach of any of the aforementioned conditions or for
any other sufficient cause.
The criminal application stands disposed of
accordingly.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
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Designation: PS To Honourable Judge
Date: 15/12/2025 17:09:55
