917(A)-Cri-apln-3729-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 917 CRIMINAL APPLICATION NO. 3729 OF 2026 IN APEAL/746/2026 KAILASH SUKHDEO SHENDE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER .… Mr. Dadasaheb Raosaheb Adhav, Advocate for Applicant Mr. V. S. Badakh, APP for Respondent No.1 - State Mr. Jitendra S. Jain, Advocate (Appointed) for Respondent No.2 .… CORAM : ABHAY S. WAGHWASE, J. DATE : 23 September, 2026 PER COURT :- 1. This is an application for suspension of sentence and grant of bail in consequence to the judgment and order of conviction awarded by learned Special Judge for S.C. & S.T. (Prevention of Atrocities) Act / Additional Sessions Judge, Ahmednagar, for the offence under Section 74 of B.N.S. and under Sections 3(1)(w)(i), 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in Special Case No. 33 of 2026 dated 18.08.2026. 1 of 3 2026:BHC-AUG:43318 (( 2 )) 917(A)-Cri-apln-3729-2026 2. Learned counsel for applicant submits that the applicant was tried vide above special case and came to be convicted vide above judgment and order for the offence under Section 74 of B.N.S. and under Sections 3(1)(w)(i), 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, He has been sentenced to suffer one year imprisonment. According to him, applicant was on bail during trial. Fine amount is paid. As appeal is of 2026, much time is required to hear the appeal, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP as well as learned counsel for respondent No.2, both opposed on the ground that on full fledged trial conviction has been recorded. 4. After considering the above submissions, taking into account the short term sentence of one year imprisonment and that appeal is of 2006, may not be heard in near future, relief as prayed deserves to be granted. Hence, the following order:- O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Kailash Sukhdeo Shende by the learned Judge, Special Judge for 2 of 3 (( 3 )) 917(A)-Cri-apln-3729-2026 S.C. & S.T. (Prevention of Atrocities) Act / Additional Sessions Judge, Ahmednagar, in Special Case No.33 of 2026 dated 18.08.2026, stands suspended till final hearing and disposal of Criminal Appeal No.746 of 2026. (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 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. (viii) Fees of learned counsel Mr. Jitendra S. Jain, appointed for respondent No.2, be paid by the High Court Legal Services Sub-Comittee, Aurangabad, as per Rules. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3