93-CriAppln-2672-2026+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 93 CRIMINAL APPLICATION NO. 2672 OF 2026 IN CRIMINAL APPEAL NO. 535 OF 2026 WITH CRIMINAL APPEAL NO. 535 OF 2026 Dnyaneshwar @ Mauli s/o Vitthal Panchal Age … Years, Occu. : Agril, R/o. Wadepuri, Taluka Loha, District Nanded. … Applicant/ Appellant Versus The State of Maharashtra, Through Police Station Officer, Police Station, Sonkhed, District Nanded. … Respondent ... Advocate for Applicant : Mr. Suraj R. Bagal APP for Respondent-State : Mr. D. J. Patil ... CORAM : ABHAY S. WAGHWASE, J. DATE : 27.07.2026 ORDER : 1. Instant application is for suspension of sentence and grant of bail in consequence to the judgment and order of conviction passed by learned Additional Sessions Judge, Kandhar, District Nanded dated 12.06.2026 in Sessions Case No. 34 of 2011. [1] 2026:BHC-AUG:31099 93-CriAppln-2672-2026+ 2. Learned counsel pointed out that, the applicant was tried vide above Sessions Case and he has been held guilty for offence under Section 306 of IPC. That, sentence awarded is imprisonment for four years. That, applicant has already undergone more than five months imprisonment. That, appeal against the said order of conviction has been preferred, but it being of the year 2026, there are no immediate prospects of it being heard and decided. Learned counsel further submitted that, applicant has a good case on merits in appeal. That, applicant was on bail during trial and he has already paid the fine amount. 3. Learned APP would oppose on the ground that, on full fledge trial, conviction has been recorded. 4. After considering the above submissions and on going through papers, it emerges that vide judgment and order dated 12.06.2026 passed by learned Additional Sessions Judge, Kandhar, District Nanded in Sessions Case No. 34 of 2011, applicant has been convicted for offence under Section 306 of IPC, against which appeal is preferred. Out of four years sentence, applicant is said to have [2] 93-CriAppln-2672-2026+ undergone more than five months imprisonment. Appeal being recent one, there are no chances of hearing the appeal in immediate future. Applicant was said to be on bail during trial. Fine amount is also paid. Therefore relief as prayed deserves to be granted. Hence, the following order : ORDER I. The Criminal Appeal No. 535 of 2026 is admitted. II. Learned APP waives notice on admission. III. Call record and proceedings. IV. Criminal Application No. 2672 of 2026 stands allowed. V. The substantive sentence imposed on the applicant in Sessions Case No. 34 of 2011 by the learned Additional Sessions Judge, Kandhar on 12.06.2026 stands suspended till the final hearing and disposal of Criminal Appeal No. 535 of 2026. VI. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with two solvent sureties in the like amount. VII. The applicant shall not commit any criminal activity. [3] 93-CriAppln-2672-2026+ VIII. 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. IX. 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 bail granted to the applicant. X. Bail before the trial court. [ABHAY S. WAGHWASE, J.] vre [4]