4 APEAL-732-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 732 OF 2026 Mohamad Shafi Ramjanbhai Chaudhary & anr. ..Appellants Versus State of Maharashtra …Respondent WITH INTERIM APPLICATION NO. 2969 OF 2026 IN CRIMINAL APPEAL NO. 732 OF 2026 Mr. Abhishek Avachat, for the Appellants/Applicants. Mr. D J Haldankar, APP for Respondent – State. P. I. - Keshav Dinde, Yerwada P. S., Pune City. CORAM : N. J. JAMADAR, J. DATE : 03rd September 2026 P.C.: APPEAL/732/2026 1. Heard. 2. Admit. 3. Call R & P. 4. Mr. Haldankar, the learned APP, waives notice for the respondent. SAINATH, PA 1/3 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.09.05 13:10:49 +0530 4 APEAL-732-26.DOC IA/2969/2026 5. This is an application for suspension of sentence and to enlarge the applicants on bail. 6. By a judgment and order dated 04th August, 2026, the applicants have been convicted for the offences punishable under Sections 465 and 466 r/w Section 34 of the Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for three months and pay fine of Rs.1,000/- each with default stipulation on each count. 7. Mr. Avachat, the learned Counsel for the applicants submits that, the learned Sessions Judge has released the applicant on bail under the provisions of Section 389 of the Criminal Procedure Code, 1973. The applicants have a fair chance of success in appeal. Therefore, the sentence be suspended and the applicant be enlarged on bail. 8. As the learned Sessions Judge has imposed a substantive sentence of rigorous imprisonment of three months only; the sentence being a short one and the unlikelihood of the appeal being heard and finally deposed before the said term of three months, this Court considers it expedient to suspend the sentence and enlarge the applicants on bail, during the pendency of the appeal. SAINATH, PA 2/3 4 APEAL-732-26.DOC 9. Hence, the following order :- : : O R D E R : : (i) The Interim Application stands allowed. (ii) The substantive sentence imposed by the learned Additional Sessions Judge, Pune in Sessions Case No. 701/2017, arising out of CR No. 45/2014 registered with Yerwada Police Station, stands suspended till the final disposal of the appeal. (iii) The Applicants – Mohamad Shafi Ramjanbhai Chaudhary and Shahanur Mohamadshafi Chaudhary, be enlarged on bail on furnishing a PR Bond in the sum of Rs.15,000/- and a surety in the like amount each, to the satisfaction of the learned Additional Sessions Judge. (iv) The Applicants shall mark their presence at Yerwada Police Station, on the first Monday of October and April every year, till the disposal of the appeal. (vi) The Applicants shall attend the proceedings in this appeal, as and when directed. [N. J. JAMADAR, J.] SAINATH, PA 3/3