CriAppln-3605-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3605 OF 2026 IN CRIMINAL APPEAL NO. 729 OF 2026 Surya @ Surya Sonya Bhavare (Mavchi) Age: 67 years, Occu.: Agri., R/o. Kalbapaiki Mavchipada, Tq. Sakri, Dist. Dhule … Applicant [Original Accused] Versus The State of Maharashtra … Respondent ….. Mr. Shrikant S. Patil, Advocate for the Applicant. Mr. N. D. Raje, APP for the Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 02.09.2026 PRONOUNCED ON : 04.09.2026 ORDER : 1. Instant application is for suspension of sentence awarded in Sessions Case No. 204 of 2022 dated 14.05.2026 by learned Additional Sessions Judge, Dhule for offence under Section 326 of the Indian Penal Code [IPC] and equally, prayer is raised for grant of bail also. 2. Learned Counsel for the applicant submits that applicant was tried by above Sessions Case and he came to be convicted and sentenced to suffer imprisonment for three years and six months i.e. 2026:BHC-AUG:40399 CriAppln-3605-2026 -2- short term imprisonment. That, appeal has been preferred against the judgment and order of conviction, however, the appeal is of the year 2026. During trial, applicant was on bail. Fine amount is paid and for above reasons, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP opposed the application by pointing out that on full-fledged trial, conviction has been recorded. 4. Heard. Perused the papers. In occurrence dated 29.08.2019 there was said to be assault on informant by means of axe, a blow of which dealt on the head. PW6 medical expert has noticed fresh bleeding injury with underlying skull fracture on frontal region. However, learned trial Court has sentenced the applicant for three years and six months imprisonment. Considering the same and as much more time would be required to hear the appeal, which is of the year 2026, the relief as prayed deserves to be granted. Hence, the following order is passed :- ORDER I. Criminal Application stands allowed. II. The substantive sentence imposed on the applicant – Surya @ Surya Sonya Bhavare (Mavchi) in Sessions Case No. 204 of CriAppln-3605-2026 -3- 2022 by the learned Additional Sessions Judge, Dhule on 14.05.2026, stands suspended till the final hearing and disposal of Criminal Appeal No.729 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 bail granted to the applicant. VII. Bail before the trial court. [ABHAY S. WAGHWASE, J.] scm