914-Cri-Appln-3201-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 914 CRIMINAL APPLICATION NO. 3201 OF 2026 IN APEAL/737/2026 NAJMEEN DASTAGIR SHAIKH VERSUS THE STATE OF MAHARASHTRA .… Mr. Prashant B. Jadhav, Advocate (Through Legal Aid) for Applicant Mr. N. D. Raje, APP for Respondent - State .… 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 Judge, Fast Track Special Court, Dharashiv (Osmanabad), for the offence under Section 137(2) of B. N. S., in Special Case (ATRO) No. 13 of 2025 dated 02.05.2026. 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 Sections 137(2) of B.N.S. He has been sentenced to suffer one 1 of 3 2026:BHC-AUG:43314 (( 2 )) 914-Cri-Appln-3201-2026 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 opposed on the ground that applicant has criminal antecedents, therefore, 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 Najmeem Dastagir Shaikh by the learned Judge, Fast Track Special Court, Dharashiv (Osmanabad) in Special Case (ATRO) No.13 of 2025 dated 02.05.2026, stands suspended till final hearing and disposal of Criminal Appeal No.737 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. 2 of 3 (( 3 )) 914-Cri-Appln-3201-2026 (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. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3