CrApplication-1738-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO. 1738 OF 2026 IN APPEAL/318/2026 Ganesh s/o Shishupal Kadam Age: 34 years, Occu.: Labour, R/o. Karepur, Tq.Renapur, District Latur. ….Applicant Versus The State of Maharashtra Through Police Inspector, Chakur Police Station, Tq.Chakur, District Latur. …..Respondent ….. Mr.P. P.More , Advocate for Applicant. Mrs.A.S.Mantri, APP for Respondent. ….. CORAM : ABHAY S. WAGHWASE, J. Reserved on : 28-08-2026 Pronounced on : 29-08-2026 ORDER : 1. Instant application is for suspension of sentence and grant of bail as result of Judgment and order dated 08-12-2025 passed by learned Additional Sessions Judge-1, Latur, thereby convicting applicant for offence under Sections 326, 506 of the Indian Penal Code (IPC). 2. Learned Counsel for the applicant would submit that 2026:BHC-AUG:38966 CrApplication-1738-2026 -2- present applicant was tried by learned Additional Sessions Judge-1, Latur vide Sessions Case No.57 of 2021 for offences under Sections 307, 323, 504 and 506 of the IPC, and by judgment and order dated 08-12-2025 conviction came to be recorded for offence under Sections 326 and 506 of the IPC. That, the applicant came to be acquitted for offence under Sections 323, 504 of the IPC. That, the conviction was taken exception to by filing Criminal Appeal No.318 of 2026, but it being recent one, it would not be heard and decided in near future. That, the maximum sentence awarded is of five years. That, applicant was on bail during the trial. Thus, during pendency of appeal, prayers for suspension of sentence and grant of bail are urged for. Learned counsel for the applicant relied on the judgment of the High Court of Karnataka dated 20-02-2024, passed in Criminal Appeal No.1328 of 2012 in the case of Sri Junaid B. s/o Moosa v. The State of Karnataka. 3. Above application is opposed by learned APP on the ground that serious offence has been committed. That, after full- CrApplication-1738-2026 -3- fledged trial, conviction has been recorded. Therefore, she prays to reject the prayers. 4. Here, it seems that prosecution was launched against present applicant for commission of offence under Sections 307, 323, 504 and 506 of the IPC. Applicant came to be convicted for offence under Section 326 and 506 of the IPC. Maximum sentence awarded by the trial Court is of five years. The appeal is filed against the said conviction and as the appeal is of 2026, there are no immediate prospects of hearing the same. Applicant was on bail during trial. Fine amount is already paid. Resultantly, in the light of above discussion, application deserves to be allowed. Hence, following order : ORDER I. The Criminal Application is allowed. II. The substantive sentence imposed on the applicant Ganesh s/o Shishupal Kadam by the Additional Sessions Judge-1, Latur on 08-12-2025, stands suspended till the final hearing and disposal of Criminal Appeal No.318 of 2026. CrApplication-1738-2026 -4- 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. 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 bail granted to the applicant. VII. Bail before the trial Court. [ABHAY S. WAGHWASE, J.] SPT