Cri-Apln-3857-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 905 CRIMINAL APPLICATION NO. 3857 OF 2026 IN CRIMINAL APPEAL NO. 302 OF 2025 JAHIR ISMAIL SHAIKH VERSUS THE STATE OF MAHARASHTRA .… Mr. Satej S. Jadhav, Advocate for Applicant Mr. V. S. Badakh, APP for Respondent – State .… CORAM : ABHAY S. WAGHWASE, J. RESERVED ON PRONOUNCED ON : : 22 September, 2026 23 September, 2026 O R D E R :- 1. The present application is for suspension of sentence awarded in Sessions Case No. 16 of 2024 vide judgment and order dated 19.03.2025, passed by learned Additional Sessions Judge, Ahmedpur, District Latur, recording guilt of the applicant for offence under Sections 397 and 201 of I. P. C. 2. Learned counsel for applicant submits that the applicant was falsely involved in the case. That, prosecution failed to conclusively prove that accused was party to the act of robbery 1 of 4 2026:BHC-AUG:43118 (( 2 )) Cri-Apln-3857-2026 and even there was no any convincing evidence, learned trial Court has recorded guilt. Learned counsel for applicant would emphasize that present application is pressed on the ground of parity as similarly situated accused stood in the theory of grant of suspension of sentence and bail by order dated 28.08.2026 in Criminal Application No. 3170 of 2026. Therefore, on similar grounds similar relief is pressed. 3. Learned APP pointed out that the applicant is convicted on full full fledged trial. 4. After going through the record, it appears that the applicant was tried vide Sessions Case No. 16 of 2014. There is no dispute that conviction came to be recorded by judgment and order dated 19.03.2025, holding the applicant guilty for the offence under Sections 397 and 201 of I.P.C. As pointed out, it does emerge that three persons are shown to be involved, but they were allegedly covered their faces. There is only an evidence of CCTV footage, wherein also faces of these three persons are shown to be completely covered. Undisputedly, Test Identification parade has not been conducted. Therefore, there is issue about identification of accused 2 of 4 (( 3 )) Cri-Apln-3857-2026 persons. Appeal has been preferred against conviction, but the same is of 2026, it will take sufficiently long period to be heard and decided. Coupled with the ground of parity, relief as prayed deserves to be granted. Hence, the following order is passed:- O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Jahir Ismail Shaikh, by the learned Additional Sessions Judge, Ahmedpur, District Latur in Sessions Case No.16 of 2024 , dated 19.03.2025, stands suspended till final hearing and disposal of Criminal Appeal No.302 of 2025. (iii) The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties in the like amount. (iv) The applicant shall not commit any criminal activity. (v) The applicant shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date he tenders bail papers and thereafter, the trial Judge to fix dates for his subsequent appearances. (vi) In case of two consecutive defaults on the part of the applicant to remain present before the trial Court, the trial Court to inform this Court about the same and in that 3 of 4 (( 4 )) Cri-Apln-3857-2026 eventuality, the prosecution would be at liberty to file an application for cancellation of the bail granted to the applicant. (vii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 4 of 4