Cri-Apln-3597-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 904 CRIMINAL APPLICATION NO. 3597 OF 2026 IN APEAL/722/2026 RUPSING SUBHASH RATHOD VERSUS THE STATE OF MAHARASHTRA .… Mr. Mukund D. Gitte, Advocate for Applicant Mr. N. D. Raje, APP for Respondent – State .… CORAM : ABHAY S. WAGHWASE, J. RESERVED ON PRONOUNCED ON : : 01 September, 2026 02 September, 2026 O R D E R :- 1. This is an application for suspension of sentence and grant of bail in consequence to the judgment and order of conviction passed by learned Sessions Judge, Latur, District Latur in Special (NDSP) Case No.04 of 2016, dated 19.08.2026, recording conviction for the offence under Sections 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances (N.D.P. S.) Act. 2. Learned counsel for applicant pointed out that the applicant was tried vide above sessions case and he came to be convicted for the offence under Sections 20(b) (ii) (B) of the N.D.P. S. Act. Sentence awarded is of two years imprisonment. 1 of 3 2026:BHC-AUG:39947 (( 2 )) Cri-Apln-3597-2026 That, moreover, applicant was pillion rider. Recovery is said to be from accused No.2, who was riding the motorcycle. He is said to be absconding. The applicant has preferred appeal against the judgment and order of conviction. However, it being of 2026, may not be heard earlier. Consequently, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP opposed on the ground that, on full fledged trial, conviction has been recorded and moreover, there is recovery of 6 kg ganja from the accused persons. 4. Considering the above submission and on going through the record, it appears that the applicant and one absconding accused, both were tried by learned Special Judge, Latur, vide Special (NDPS) Case No.04 of 2016. Statement made across the bar that, applicant was pillion rider. Moreover, he is shown as accused No.1. It is pointed out that, accused No.2 who was riding the motorcycle, is absconding and recovery of red bag is from the tank of the motorcycle i.e. the one driven by absconding accused. Sentence is of two years. Appeal is of 2026. Therefore, there are no chances of hearing the appeal in near future. Hence, relief as prayed, deserves to be granted. Accordingly, following order is passed:- 2 of 3 (( 3 )) Cri-Apln-3597-2026 O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Rupsing Subhash Rathod, by the learned Sessions Judge, Latur, District Latur, in Special (NDPS) Case No.04 of 2016, dated 19.08.2026, stands suspended till final hearing and disposal of Criminal Appeal No.722 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. (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 3 of 3