1006-Cri-Apln-2680-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 1006 CRIMINAL APPLICATION NO. 2680 OF 2026 IN APEAL/538/2026 1] SARFARAJ AHMED AHMED ALIAS MOHAMMAD HUSSAIN 2] NAYYAR HUSSAIN MOHAMMAD HUSSAIN VERSUS THE STATE OF MAHARASHTRA ... Mr. Shaikh Samir Ahmad Saifuddin, Advocate for Applicants Mr. S. N. Morampalle, APP for Respondent – State .… CORAM : ABHAY S. WAGHWASE, J. DATE : July 10, 2026 PER COURT :- 1. This is an application for suspension of sentence and grant of bail in consequent to the judgment and order of conviction recorded by learned Sessions Judge, Nanded, District Nanded in Sessions case No. 340 of 2019, convicting the applicants for offence under Sections 498-A of I.P.C. 2. Learned counsel for applicants submits that the applicants were tried vide above sessions case and by judgment and order dated 14.05.2026 convicted for offence under Section 498-A and sentenced to suffer for three years. Appeal against the 1 of 3 2026:BHC-AUG:27455 (( 2 )) 1006-Cri-Apln-2680-2026 conviction has been preferred. Appeal is of 2026, as much more time is required to hear the appeal, relief of suspension of sentence and grant of bail is urged for. The applicants were on bail during trial. Fine amount is paid. 3. Learned APP opposed on the ground that on full fledged trial conviction has been recorded. 4. After considering the above submissions and on going through the papers, it appears that applicants have been charge- sheeted for offence under Section 498-A, 306 of I.P.C., they both are shown to be acquitted for offence under Section 306 of I.P.C. and conviction is only under Section 498-A of I.P.C awarding sentence of three years. Appeal is of 2026 and it will take long time to be heard. Therefore, 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 applicants i.e. (1) Sarfaraj Ahmed S/o Ahmed @ Mohammad Hussain and (2) Nayyar Hussain Mohammad Hussain, by the learned Sessions Judge, Nanded District Nanded in Sessions Case 2 of 3 (( 3 )) 1006-Cri-Apln-2680-2026 No.340 of 2019 dated 14.05.2026 stands suspended till final hearing and disposal of Criminal Appeal No.538 of 2026. (iii) The applicants be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) each with two solvent sureties each in the like amount. (iv) The applicants shall not commit any criminal activity. (v) The applicants shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date they tenders bail papers and thereafter, the trial Judge to fix dates for their subsequent appearances. (vi) In case of two consecutive defaults on the part of the applicants 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 applicants. (vii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3