5-APEAL-822-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 822 OF 2026 Rupesh Subhash Chavan ..Appellant Versus State of Maharashtra …Respondent WITH INTERIM APPLICATION NO. 3369 OF 2026 IN APPEAL NO. 822 OF 2026 Mr. Mosin Naik, a/w Mr. Aaran Dias, for Appellant/Applicant. Mr. D J Haldankar, APP for Respondent - State. CORAM : N. J. JAMADAR, J. DATE : 01st OCTOBER 2026 P.C.: APPEAL/822/2026 1. Heard. 2. Admit. 3. Call R & P. IA/3369/2026 4. This is an application for suspension of sentence and to enlarge the applicant on bail, during the pendency of the appeal. SAINATH, PA 1/3 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.10.03 12:24:11 +0530 5-APEAL-822-2026.DOC 5. By a judgment and order dated 19th August, 2026 passed by the learned Additional Sessions Judge in Sessions Case No. 100637/2023, the applicant has been convicted for the offences punishable under Sections 336 and 427 of the Indian Penal Code, 1860 and Section 3 of the Public Property (Prevention of Damage) Act, 1985 (“Act, 1985”) and for the major offence punishable under Section 3 of the Act, 1985, the applicant has been sentenced to suffer rigorous imprisonment for one year and pay a fine of Rs.10,000/-. 6. Mr. Naik, the learned Counsel for the applicant submits that, the learned Additional Sessions Judge has released the applicant on bail under the provisions of Section 389(3) of the Code of Criminal Procedure, 1973. 7. As the applicant has been sentenced to suffer a short sentence of one year and it is unlikely that, this appeal can be taken up for hearing and final disposal in the immediate future, the substantive sentence deserves to be suspended till the final disposal of the appeal. 8. Hence the following order :- SAINATH, PA 2/3 5-APEAL-822-2026.DOC : : O R D E R : : (i) The Interim Application stands allowed. (ii) The substantive sentence imposed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 100637/2023, arising out of CR No. 552/2022 registered with Kalachowki Police Station, Mumbai, stands suspended till the final disposal of the appeal. (iii) The Applicant – Rupesh Subhash Chavan, be enlarged on bail on furnishing a PR Bond in the sum of Rs.15,000/- and a surety in the like amount, to the satisfaction of the learned Additional Sessions Judge. (iv) The Applicant shall mark his presence at Kalachowki Police Station, Mumbai on the first Monday of November and May every year, till the disposal of the appeal. (v) The Applicant shall attend the proceedings in this appeal, as and when directed. [N. J. JAMADAR, J.] SAINATH, PA 3/3