902-IA-557-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.557 OF 2026 IN CRIMINAL REVISION APPLICATION NO.81 OF 2026 Vasant Maruti Nalwade ...Applicant Versus The State of Maharashtra & ors …Respondents —————— Dr. Shrikant Madhav Kulkarni, Mr. Panjkaj Dhanwade & Mr. Sampatrao Pawar, Advocate for the Applicant. Mr. Shrikant H. Yadav, APP for the respondents-State. Mr. A. B. Kumbhar, Police Head Constable, Murgud Police Station Kolhapur present. —————— Coram : RAJESH S. PATIL, J. Date : SEPTEMBER 4, 2026. P. C. : 1. This Interim Application has been filed in Criminal Revision Application, thereby seeking suspension of order of sentence and conviction passed by JMFC, Kagal and as confirmed by Sessions Court, Kolhapur, during the pendency of the hearing of Criminal Revision Application. 2. It has been submitted before me that on the 1 January 2012, an accident occurred at about 8:15 p.m. on Murgud-Nipani road near adn 1 of 4 902-IA-557-2026.docx Hamidwada Sugar Factory on 1 January 2012. In the said accident, the victim Bhauso Rajaram Patil died on 2 January 2012. An FIR was filed and subsequently a chargesheet. 3. The JMFC, Kagal heard the parties and passed judgment on 15 March 2013, convicting the applicant. In the said proceedings, on 10 February 2012, bail was granted to the present applicant, which was in force till the disposal of the Summary Criminal Case before the JMFC, Kagal. Thereafter, the applicant challenged the said order before the Sessions Court at Kolhapur, being Criminal Appeal No. 65 of 2013. Before also the Sessions Court, by an order dated 1 April 2013, bail was granted to the present applicant, which remained in force till the disposal of the appeal. Criminal Appeal No. 65 of 2013 was disposed of on 28 July 2026, thereby confirming the order passed by the JMFC, Kagal. Immediately thereafter, the applicant was taken into custody and is behind bars. The present Criminal Revision Application has been filed on 18 August 2026. 4. It is a well-settled position in law that the appellate Court can leniently consider a convict’s request for suspension of the sentence in cases where the term of the sentence is fixed except in exceptional circumstances or where restrictions under any statute apply. If the sentence imposed cannot be suspended, the revisional Court must endeavour to adjudicate the revision on merits. Failing to do so could adn 2 of 4 902-IA-557-2026.docx jeopardise the applicant’s statutory rights due to the passage of time. In situations where the revisional Court recognises that practical circumstances may hinder the prompt resolution of the revision, it becomes essential for the Court to exercise heightened diligence in deliberating on sentence suspension. This ensures that the revision process remains viable, meaningful, and effective. Additionally, when granting bail, the revisional Court has the discretion to impose certain conditions. A profitable reference in this regard can be made to the decision in Bhagwan Rama Shinde Gosai v. State of Gujarat reported in (1999) 4 SCC 421. 5. It appears that the applicant is convicted, and at the post- conviction stage of proceedings, it is imperative to consider that the present revision, which has been filed in the month of August 2026, is not likely to be heard immediately. Hence, at this stage, if the relief is denied, the applicant may serve the entire term of his sentence before the revision is heard and disposed of. In the light of the above, this Court deems it fit to allow the present Interim Application on the following terms: (i) Interim application is allowed. (ii) The sentence imposed upon the applicant vide judgment and order dated 15 March 2013 passed by the JMFC, Kagal in Summary Criminal adn 3 of 4 902-IA-557-2026.docx Case No. 461 of 2012, which was confirmed by learned Sessions Judge, Kolhapur in Criminal Appeal No. 65 of 2013, stands suspended during the pendency of the revision. (iii) The applicant shall be released on bail upon executing a PR bond of Rs. 15,000/- and one or two sureties of the like amount. (iv) The applicant to report to the concerned Murgud Police Station once in every four months, starting from 1 October 2026, and thereafter on 1 February 2027, and thereafter every four months on the first day of the month. 6. Interim Application stands disposed of accordingly. 7. All concerned to act on authenticated copy of this order. (RAJESH S. PATIL, J.) adn 4 of 4