[Cites 6, Cited by 0]
Bombay High Court
Vijay Shivaji Kokate vs Senior Inspector Of Police on 29 December, 2025
2025:BHC-AS:57945
SKN 8-IA-ST-26679.25 (1).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (ST.) NO. 26279 OF 2025
IN
REVISION APPLICATION (ST.) NO. 26278 OF 2025
Vijay Shivaji Kokate. ... Applicant.
V/s.
Senior Police Inspector, Sarkarwada
Police Station and others. ... Respondents
______________________
Mr.Shrishailya S. Deshmukh with Mr.Nimish S. Parakh for the Applicant.
Ms.Mankuwar M. Deshmukh, Acting P.P. with Ms.Savita Yadav, A.P.P.
for the Respondent- State.
______________________
SANJAY CORAM : RANJITSINHA RAJA BHONSALE, J.
KASHINATH
NANOSKAR (VACATION COURT)
NANOSKAR DATE : 29th December 2025
P.C.:-
1. This is an Application for suspension of sentence and releasing the
Applicant on bail during the pendency of the Revision Application. The
Application is filed by the Original Accused No.2.
2. The aforementioned Revision Application is filed challenging the
conviction of the present Applicant/Original Accused No. 2 by the Order
dated 20th February 2025 passed by the learned Additional Chief Judicial
Magistrate, Nashik in R.C.C.No.56/1997 and for offences punishable
under section 420, 465, 468, 471, read with section 34 of the Indian Penal
SKN 8-IA-ST-26679.25 (1).doc
Code which was confirmed and upheld in the Impugned Judgment and
Order dated 16th December 2025 passed by the Additional Sessions Judge,
Nashik passed in Criminal Appeal No.48 of 2025. The Applicant has been
acquitted for the offence punishable under section 467 of the Indian Penal
Code.
3. The learned Appellate Court by its Judgment and Order dated
16th December 2025 partly allowed the Appeal, and modified the
Judgment and Order dated 20th February 2025 passed by the learned
Additional Chief Judicial Magistrate, Nashik in R.C.C.No.56/1997 by
passing the following Order:
"5. The conviction and sentence of appellants for the
offences punishable u/s. 420, 465, 468 and 471 of the I.P.C.
read with Section 34 thereof, as awarded by the Ld. Trial
Court, are hereby confirmed and upheld.
Although the appellants have been acquitted for the
offence punishable u/s. 467 of the IPC, the sentence of
rigorous imprisonment for two year and a fine of Rs. 10000/-
each, in default to under rigorous imprisonment for one
month, as imposed at serial No. 6 of the operative part of the
Ld. Trial Court's judgment, is maintained for the offence
punishable u/s. 471 read with section 34 of the same Code."
5. The Original Accused No.1 challenged the said order passed by the
Appellate Court before this Court by filing a Revision Application
No.538/2025. In the said Revision Application, the Original Accused No.1
filed Interim Application No. 4762 of 2025 for suspension of sentence and
Interim Application No. 4763 of 2025 for stay of conviction.
SKN 8-IA-ST-26679.25 (1).doc
th
6. This Court by order dated 19 December 2025 allowed Interim
Application No. 4762 of 2025 filed by the Original Accused No.1 and
suspended the sentence imposed upon him by the learned Magistrate by
its Order dated 20th February 2025 and modified by the learned Sessions
Judge by its order dated 16th December 2025, subject to the Original
Accused No.1 depositing the fine amount.
7. The Learned Advocate for the Applicant submits that, the sentence
of the co-accused has been suspended by this Hon'ble Court by Order
dated 19th December 2025. That, the case of the Applicant herein is on the
same footing. That, the sentence imposed upon the Applicant is for a
period of two years and the Applicant has been directed to pay the fine.
The learned Advocate for the Applicant submits that it will take some time
to hear the Revision Application for final hearing. The Learned Advocate
submits that this Court can leniently consider the Applicants request for
suspension of sentence, more particularly when the sentence of the co
accused has been suspended by this Court.
9. Ms.Mankuwar M. Deshmukh, learned Acting Public Prosecutor
for the Respondent- State, submits that the evidence on record would
indicate that the findings of the learned Appellate Court and the Trial
Court are well founded and based on the material i.e evidence and
documents available on record. She submits that, in the Revision
Application, the Applicant has sought reliefs seeking stay of the conviction
SKN 8-IA-ST-26679.25 (1).doc
of sentence, for which the Applicant has not made out any special or
exceptional circumstances. That, no case is made out by the Applicant for
staying the conviction of the Applicant. Ms Deshmukh, opposed the grant
of stay of conviction to the present Applicant. The learned Advocate for
the Applicant on instructions submits that the Applicant shall not press
prayer clause (c) in the Revision Application.
10. I have considered the arguments advanced on behalf of the
parties. Ms.Deshmukh, learned Acting P.P. on behalf of the Respondent
State has submitted that the impugned order of conviction as regards the
Applicant cannot be stayed as the Applicant has not made out any
exceptional or special circumstances. The Learned Advocate for the
Applicant, on instructions, has made a statement that the Applicant shall
not press prayer clause (c) of the Revision Application and that he does
not seek a stay of conviction as far as the present Applicant is concerned.
Furthermore, Ms.Deshmukh has submitted that the Respondent State has
not challenged the Order dated 19th December 2025, passed by this Court
in Interim Application No 4762 of 2025 in Revision Application No 538 of
2025. It is not the case of the Respondent State that, the overt acts
attributed to the Accused are different or that both Accused were charged
with different or distinct offences. I also note that the sentence imposed
upon the Applicant is a fixed/short term sentence i.e of 2 years and
payment of fine. It is unlikely that, the present Revision Application, will
SKN 8-IA-ST-26679.25 (1).doc
be heard and decided on merits at an early date or in the near future. The
final hearing of the Revision Application will take some time. The sentence
imposed on the co-accused i.e Original Accused No.1/Applicant in Interim
Application No.4762 of 2025 has been suspended by this Court by Order
dated 19th December 2025 and the Respondent State has not challenged
the said Order.
9. Considering the above facts and circumstances, the fact that the
sentence against the present Applicant is a fixed term sentence and the
Order dated 19th December 2025, I am inclined to suspend the sentence
imposed on the Applicant and release the Applicant on bail during the
pendency of the revision proceedings. Accordingly, the Interim Application
(ST.) No.26279 of 2025 is allowed on the following terms:
(i) During the pendency of the Revision Application preferred by
the Applicant, the sentence imposed upon the Applicant vide
Judgment and Order dated dated 20 th February 2025 passed
by the learned Additional Chief Judicial Magistrate, Nashik in
R.C.C.No.56/1997 and modified by the Judgment and Order
dated 16th December 2025 passed in Criminal Appeal No.48 of
2025 by the Sessions Court, Nashik is suspended during the
pendency of the Revision Application and the Applicant be
released on bail, subject to the Applicant depositing the fine
amount(s). The same shall be done within a period of one
SKN 8-IA-ST-26679.25 (1).doc
week from today.
(ii) The Applicant shall be released on bail upon executing a PR
Bond of Rs.1,00,000/- and furnishing one or more sureties in
the like amount
(iii) After his release from jail, the Applicant shall attend the
Sakarwada Police Station, Nashik on every first Monday of
each month between 10.00 a.m to 1.00 p.m initially for a
period of one year and thereafter on every first Monday of
every third calender month between 10.00 a.m. to 1.00 p.m.
i.e four times in a year till the disposal of this Revision
Application.
(iv) In case of two consecutive defaults in complying with the
afore-stated conditions, the prosecution is at liberty to file an
Application for cancellation of bail.
10. Application is allowed in the aforesaid terms.
(RANJITSINHA RAJA BHONSALE, J.)
