[Cites 1, Cited by 0]
Bombay High Court
Sudam Eknath Khandagale vs The State Of Maharashtra on 22 May, 2026
2026:BHC-AUG:21966
{1} 11.1-appln-1942-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1942 OF 2026
IN
CRIMINAL APPEAL NO. 392 OF 2026
Sudam Eknath Khandagale ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. A.K. Bhosale, Advocate for the appellant
Mr. D.J. Patil, APP for the State
.......
CORAM : SIDDHESHWAR S. THOMBRE, J.
(VACATION COURT)
DATE : 22nd MAY, 2026
ORDER :
1. Heard.
2. Issue notice to respondent - State. Learned APP waives service of
notice for respondent - State.
3. Instant application is for suspension of sentence and grant of bail on
account of conviction recorded by learned Additional Sessions Judge,
Gangapur, Chhatrapati Sambhajinagar dated 13.04.2026 in Sessions Case No.
205 of 2025.
Bhagyawant Punde
{2} 11.1-appln-1942-2026
4. Learned counsel pointed out that present applicant was held guilty by
the learned Additional Sessions Judge, Gangapur, Chhatrapati Sambhajinagar
vide judgment dated 13.04.2026 passed in Sessions Case No. 205 of 2025
under Section 201 read with 34 of Indian Penal Code. That, maximum
punishment inflicted upon the applicant is of three years only. That, applicant
has preferred appeal and the same is of the year 2026. According to him, as
appeal against conviction would take long time to be heard, he urged for relief
of suspension as well as grant of bail.
5. Opposing the above application, learned APP pointed out that
maximum sentence awarded is imprisonment for three years. He submitted
that, on full fledged trial guilt has been recorded.
6. Heard. Perused the papers including the judgment under challenge by
way of appeal. Apparently, applicant was held guilty under the aforesaid
provisions. Said judgment is challenged by way of appeal and the same
appears to be numbered as Criminal Appeal No. 392 of 2026. Consequently,
appeal being recent, may not be heard early. Applicant was reported to be on
bail during trial and he has been granted suspension by the Trial Court.
Therefore, in the light of above discussion, relief of suspension of sentence
deserves to be granted. Hence, following order is passed.
Bhagyawant Punde
{3} 11.1-appln-1942-2026
ORDER
(I) Criminal Application stands allowed.
(II) The substantive sentence imposed on the applicant in in Sessions Case
No. 205 of 2025 by the learned Additional Sessions Judge, Gangapur, District-
Chhatrapati Sambhajinagar on 13.04.2026, stands suspended till the final
hearing and disposal of Criminal Appeal No. 392 of 2026.
(III) The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen
Thousand Only) with one solvent surety each, in the like amount.
(IV) Bail before the trial court.
(SIDDHESHWAR S. THOMBRE)
JUDGE
Bhagyawant Punde
