38-IA-3553-2024 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3553 OF 2024 IN CR. APPEAL NO. 1159 OF 2024 Bapu Namdev Bhadvankar … Applicant Versus. The State of Maharashtra And Anr … Respondents ----- Mr. Anand S Patil for the Applicant. Mr. S. S. Chaudhari, A.P.P. for the Respondent-State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 17th September, 2026. P.C. : 1. Heard Mr. Anand Patil, learned Advocate for the Applicant and Mr. S. S. Chaudhari, learned APP for the Respondent – State. 2. By the present Application, the Applicant has sought for the following substantive relief in terms of prayer clause (a):- a) Pending the hearing and final disposal of the Criminal Appeal, this Hon'ble Court may kindly be suspend the sentence imposed by Ld. Special Judge, Gadhinglaj, Dist-Kolhapur in Special Case (S.C. & S.T) No. 6/2019 by impugned Judgment & Order dated 6/05/2024&may kindly be release him on bail on such terms and conditions as this Hon'ble Court may deem fit and proper. Arjun 1 38-IA-3553-2024 (CR).docx 3. Mr. Anand Patil, learned Advocate for the Applicant, states that Respondent No. 2 has been served in the present Interim Application and an Advocate has put in appearance for Respondent No. 2. 4. On 09.09.2026, the following order was passed :- 1. When this Application was called out, neither the Respondent No. 2 nor the Advocate for the Respondent No. 2 were present in Court either physically or through VC mode though notice to the Respondent No. 2 is served. 2. Mr. Anand Patil, learned Advocate for the Applicant and Mrs. S.N. Deshmukh, learned APP for the Respondent - State, submits that an opportunity be afforded to the Respondent No. 2 / Advocate for the Respondent No. 2 to appear and argue the case. 3. In view of the statement made by Mr. Anand Patil, learned Advocate for the Applicant and Mrs. S. N. Deshmukh, learned APP for the Respondent - State, list this Application on 17.09.2026, under the caption "For Disposal". 4. It is clarified that in the event the Respondent No. 2 / Advocate for the Respondent No. 2, choose not to appear, this Application would be heard on its own merits after hearing the parties present. 5. Interim order, if any granted earlier, to continue till the next date of hearing. 5. Office Note dated 11.09.2026, reads as follows :- 1) Cri. Appeal No. 1159 of 2024 is pending for admission and kept herewith. 2) Orig. Accused is on Bail. 3) Muddemal preserving letter is sent. 4) Adv. GH Keluskar has filed VP on behalf of respondent No. 2. Previous Adv. Machindra Patil not yet discharged. 5) Notice duly served upon Respondent No.2. Arjun 2 38-IA-3553-2024 (CR).docx 6. Mr. S. S. Chaudhari, learned APP, on instructions from the Investigating Officer, Chandgad Police Station, states that Respondent No. 2 was notified of the pendency and the date fixed in this Interim Application as well as in the Criminal Appeal No. 1159 of 2024. 7. Name of Advocate appearing for the Respondent No. 2 (G.S. Keluskar), was called out by the Shirestedar. No one appeared on behalf of Respondent No. 2, either physically or through VC mode. 8. Mr. Anand Patil, learned Advocate for the Applicant, requested that this application be taken up for disposal, as despite sufficient opportunities afforded to Respondent No. 2, Respondent No. 2 has chosen to remain absent. 9. By the impugned Judgment and Order dated 6.05.2024, the Applicant is convicted of offences punishable under Sections 354 of the Indian Penal Code, 1860 and Sections 3(1)(w)(i), 3(1)(w)(ii) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Applicant has been sentenced to rigorous imprisonment for 1 year, 6 months, 6 months and 6 months, respectively, for the said 4 offences. The sentences are ordered to run concurrently. The Applicant is directed to pay a fine of Rs. 20,000/- for the said 4 offences. Arjun 3 38-IA-3553-2024 (CR).docx 10. Mr. Anand Patil, learned Advocate for the Applicant, states that the Trial Court suspended the sentence vide order dated 06.05.2024 (page numbers 27 and 29 of the paper book). He further submits that this Court continued the suspension vide order dated 30.09.2024. He submits that the said order remains in force as on date. He submits that the Applicant has deposited the fine amount in court. He therefore prays that the sentence awarded to the Applicant be suspended and the Applicant be released on bail pending the present Appeal. 11. Today, by a separate order, Criminal Appeal No. 1159 of 2024 filed by the Applicant is admitted. 12. Mr. S. S. Chaudhari, learned APP for the Respondent - State, submits that the Applicant has been convicted of the offences after a full- fledged trial. He submits that the victim has supported the prosecution case. He, however, does not dispute that the maximum sentence imposed on the Applicant is 1 year and that the sentences are ordered to run concurrently. 13. Prima facie, a perusal of the grounds raised by the Applicant in the memo of appeal in relation to the impugned Judgment indicates that the Applicant has a fair chance of succeeding on the merits. 14. In view of the aforesaid facts and circumstances and the maximum Arjun 4 38-IA-3553-2024 (CR).docx sentence in this case being one (1) year, this Application is allowed on the following terms: (a) During the pendency of Criminal Appeal No. 1159 of 2024, the sentence of imprisonment imposed vide impugned Judgment and order dated 06.05.2024, passed by the Special Judge, Gadhinglaj, in Special Case (S.C. and S.T.) No. 6 of 2019, is suspended and the Applicant is directed to be released on bail on execution of a PR bond in the sum of Rs. 25,000/-, with one or two sureties in like amount to the satisfaction of the Special Judge, Gadhinglaj. (b) Applicant shall regularly appear before this Court as and when the Criminal Appeal No. 1159 of 2024, is listed on the Causelist. (c) Applicant shall, within ten (10) days from today, provide to the Investigating Officer, Chandgad Police Station, investigating Crime No. 193 of 2019, his residential address with proof, the contact numbers and must inform the Investigating Officer about the change in the same from time to time. Arjun 5 38-IA-3553-2024 (CR).docx 15. Interim Application No. 3553 of 2024 is disposed of. [ ASHWIN D. BHOBE, J. ] Arjun 6 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.17 19:33:35 +0530