9-APEAL-812-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 812 OF 2026 Sumit Sunil Bagkar ..Appellant Versus State of Maharashtra …Respondent WITH INTERIM APPLICATION NO. 3296 OF 2026 IN APPEAL NO. 812 OF 2026 Mr. Prashant P Raul, with Suraj S Mhadgut, for the Appellant. Smt. R.S. Tendulkar, APP, for the Respondent. Mr. R.V. More, PSI, Alibag Police Station. CORAM: N. J. JAMADAR, J. DATE : 24th SEPTEMBER 2026 P.C.: APPEAL NO. 812 OF 2026 : 1. Heard. 2. Admit. 3. Call R & P. INTERIM APPLICATION NO. 3296 OF 2026: 4. Heard the learned Counsel for the Applicant. 5. Issue notice to the Respondent. ARS 1/4 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.09.28 11:18:07 +0530 9-APEAL-812-2026.DOC 6. Smt. R.S. Tendulkar, the learned APP, waives service of notice for the Respondent-State. 7. This is an Application for suspension of sentence and to enlarge the Applicant on bail. 8. By a judgment and order dated 10th August 2026, in Sessions Case No. 4 of 2022, the learned Additional Sessions Judge, Alibag, has convicted the Applicant alongwith co-accused for the offences punishable under Sections 489C, 489D and 489E of the Indian Penal Code, 1860 (“the Penal Code”) and sentenced him to suffer rigorous imprisonment for a term of three yeas and pay varying amounts of fine for the offences punishable under Sections 489C and 489D. A separate sentence of fine is also imposed for the offence punishable under Section 489E of the Penal Code. 9. The learned Counsel for the Applicant submits that by an order dated 10th August 2026, the Additional Sessions Judge has released the Applicant on bail under Section 389 (3) of the Code of Criminal Procedure, 1973. 10. Smt. R.S. Tendulkar, the learned APP, resisted the prayer for suspension of sentence. It was submitted that there is overwhelming evidence and material which sustains the conviction of the Applicant. 11. Evidently, the Applicant has been sentenced to suffer a fixed term of sentence of three years and having regard to the large pendency of ARS 2/4 9-APEAL-812-2026.DOC the cases, it is extremely unlikely that that this Appeal can be taken up for hearing and final disposal in the near future. 12. In these circumstance, this Court is inclined to exercise the discretion in favour of the Applicant. 13. Hence, the following order. : O R D E R: (i) Application stands allowed. (ii) The substantive sentence imposed on the Applicant, Sumit Sunil Bagkar, by the learned Additional Sessions Judge, Alibag, in Sessions Case No. 4 of 2022 arising out of Crime No.151 of 2021 registered with Alibag Police Station, stands suspended till the final disposal of the Appeal. (iii) The Applicant be enlarged on bail, on furnishing a PR Bond in the sum of Rs.25,000/- and one or two sureties in the like amount, to the satisfaction of the learned Additional Sessions Judge. (iv) The Applicant shall not contact, or give threat to, the first informant and the witnesses examined by the prosecution. (v) Upon being released on bail, the applicant shall furnish his address and contact number to the Investigating Officer and keep him informed in case of any change therein. ARS 3/4 9-APEAL-812-2026.DOC (v) The Applicant shall mark his presence at Alibag Police Station, District Raigad, on the first Monday of December and July, every year, till the final disposal of the Appeal. Application disposed. [N. J. JAMADAR, J.] ARS 4/4