4(B)-Cri-Appln-3354-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 4 CRIMINAL APPLICATION NO. 3354 OF 2026 IN APEAL/658/2026 SHAIKH MOHAMMAD SHAIKH ISAK VERSUS THE STATE OF MAHARASHTRA .… Mr. Kiran T. Jamdar, Advocate for Applicant Mr. V. S. Badakh, APP for Respondent - State .… CORAM : ABHAY S. WAGHWASE, J. DATE : August 31, 2026 PER COURT :- 1. Heard. 2. This is an application for suspension of sentence awarded by learned Additional Sessions Judge, Latur, District Latur, in Sessions Case No.1 of 2021, dated 22.07.2026, recording conviction of the appellant for the offence under Section 498-A of I.P.C. 3. Learned counsel for applicant submits that, applicant was charge-sheeted and tried for offence under Section 498-A, 1 of 4 2026:BHC-AUG:39514 (( 2 )) 4(B)-Cri-Appln-3354-2026 306, 304-B read with 34 of I.P.C. That, he came to be acquitted for charges under Section 306 and 304-B of I.P.C. However, conviction is recorded for offence under Section 498-A of I.P.C. That, maximum sentence awarded is of two years imprisonment. Appeal has been preferred against the aforesaid judgment and order of conviction, however, it being of 2026, will take sufficiently long period to decide. According to him, there is only a solitary instance of demand, however, the purpose for which such demand was made has not been clearly demonstrated by the prosecution during trial. For the above reasons, he urges for relief of suspension of sentence and grant of bail. 4. Learned APP would oppose on the ground that on full fledged trial conviction has been recorded. There is harassment in the form of demand. 5. After considering the above submissions and on going through the papers, it appears that the applicant was tried for the offence under Section 498-A of I.P.C., by judgment and order 22.07.2026 passed by learned Additional Sessions Judge, Latur, District Latur. He seems to be acquitted from the charges under 2 of 4 (( 3 )) 4(B)-Cri-Appln-3354-2026 Sections 306 and 304-B of I.P.C. However, conviction seems to have been recorded for offence under Section 498-A of I.P.C. Sentence awarded is of two years imprisonment. Taking the same into consideration, as well as the statement made across the Bar that the applicant was on bail during trial and that the appeal being of the year 2026, is not likely to be heard in near future, the relief as prayed for 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 applicant Shaikh Mohammad Shaikh Isak, by the learned Additional Sessions Judge, Latur, District Latur in Sessions Case No.1 of 2021 dated 22.07.2026 stands suspended till final hearing and disposal of Criminal Appeal No.658 of 2026. (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. 3 of 4 (( 4 )) 4(B)-Cri-Appln-3354-2026 (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 the bail granted to the applicant. (vii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 4 of 4