CriAppln-3528-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3528 OF 2026 IN CRIMINAL APPEAL NO. 698 OF 2026 Deepak Balasaheb Tupe Age: 27 years, Occu.: Labour, R/o. Khairi Nimgaon, Tq. Shrirampur, District Ahmednagar … Applicant [Accused] Versus The State of Maharashtra Through Police Inspector, Shrirampur Taluka Police Station, Tq. Shrirampur, District Ahmednagar … Respondent ….. Mr. Shaikh Majit S., Advocate for the Applicant. Ms. Chaitali Chaudhari-Kutti, APP for the Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 04.09.2026 PRONOUNCED ON : 07.09.2026 ORDER : 1. Instant application is for suspension of sentence awarded in Sessions Case No. 06 of 2025 dated 12.08.2026 by learned Additional Sessions Judge, Shrirampur, District Ahmednagar for offence under Section 109 of the Bharatiya Nyaya Sanhita [BNS] and equally, prayer is raised for grant of bail also. 2026:BHC-AUG:41138 CriAppln-3528-2026 -2- 2. In support of relief of suspension of sentence and grant of bail, learned Counsel for applicant pointed out that applicant was arraigned as accused No.3. That, he is not the main accused. There are allegations of use of sword, however, the same is not recovered. That, there is three days delay in lodging FIR. Therefore, applicant has a good case on merits in appeal, which is pending. That, applicant was on bail during trial. Fine amount is paid and for above reasons, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP, who opposed the application, pointed to the evidence of PW1 complainant. According to learned APP, on minor count of advise to drive properly, accused persons alighted from the vehicle. They were armed with articles like chopper, sword, which were used. That, present applicant allegedly held and facilitated the assault and, therefore, charges being proved, she prays to reject the application. 4. Heard. Perused the papers. Occurrence seems to be of 13.09.2024. Dash was given by a swift vehicle causing motorcycle of PW1 to fall and on being questioned to that count, it is alleged that one Prasad, Waghuji and Deepak (present applicant) alighted and in above backdrop, it is alleged that initially Prasad gave slaps and when Santosh intervened, he was beaten by fists and kicks blows. CriAppln-3528-2026 -3- Thereafter, it is alleged that Prasad went towards the vehicle and returned with chopper and sword and handed it to Waghuji and the same was used in assaulting PW1. It is alleged that at that time, present applicant had caught hold of PW1. Therefore, he facilitated the assault. Hence, merely because there is no recovery of the sword, that by itself cannot be a ground for granting relief to the appellant. The sentence imposed is five years. Evidence of medical expert PW11 shows that informant has suffered as many as twenty injuries. Considering the same, this Court does not find it a fit case to grant relief of suspension of sentence and bail. Hence, the following order is passed :- ORDER . Criminal Application is rejected. [ABHAY S. WAGHWASE, J.] scm