6-Cri-Apln-3821-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 6 CRIMINAL APPLICATION NO. 3821 OF 2026 IN APEAL/769/2026 1. SHIVAJI VISHWANATH KALBILE 2. BALI @ KIRAN SHIVAJI KALBILE VERSUS THE STATE OF MAHARASHTRA .… Mr. Rohit P. Patwardhan, Advocate for Applicants Mr. S. M. Ganachari, APP for Respondent - State .… CORAM : ABHAY S. WAGHWASE, J. DATE : 21 September, 2026 PER COURT :- 1. This is an application for suspension of sentence and grant of bail in consequence to the judgment and order of conviction rendered by learned District Judge-4 and Additional Sessions Judge, Jalna, District Jalna, in Special Case No.147 of 2019 dated 25.08.2026, convicting the applicants for offence under Sections 363 read with 34 of I.P.C. 2. Learned counsel for applicants would submit that the applicants were tried vide above special case for charges under Sections 363, 376 and 506 read with 34 of I.P.C. Sections 3, 4, 7 1 of 4 2026:BHC-AUG:42794 (( 2 )) 6-Cri-Apln-3821-2026 and 8 of the Protection of Children from Sexual Offences Act and Section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and came to be acquitted from the offence under Sections 376(n) r/w Section 109 of I.P.C., but came to be convicted for the offence under Section 363 r/w 34 of I.P.C. That, though the victim gave her age as 16 years and prosecution relied on the same, in cross victim had herself admitted that she had love relations with the accused No.1 and she on her own accord eloped with him. Therefore, there is good point to be agitated in appeal. However, appeal is of 2026, there are no chances of hearing the appeal in near future. He further submitted that the applicants were on bail during trial. For above reasons, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP opposed the application on the ground that on full fledged trial, conviction has been recorded. He also pointed out that fine amount has not been paid. 4. Considering the above submissions and on going through the papers, it appears that vide Special Case No.147 of 2019 the applicants were tried for offence under Sections 363, 376 and 506 2 of 4 (( 3 )) 6-Cri-Apln-3821-2026 read with 34 of I.P.C. Sections 3, 4, 7 and 8 of the Protection of Children from Sexual Offences Act and Section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. That, there was acquittal for offence under Sections 376(n) r/w Section 109 of I.P.C., but came to be convicted for the offence under Section 363 r/w 34 of I.P.C. Sentence awarded is of six months imprisonment. Taking the short term sentence and as the appeal is of 2026, there are no chances of hearing the appeal in near future, relief as prayed deserves to be granted. Hence, the following order:- O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicants i.e. (1) Shivaji Vishwanath Kalbile, (2) Bali @ Kiran Shivaji Kalbile, by the learned District Judge-4 and Additional Sessions Judge, Jalna, District Jalna in Special Case No.147 of 2019 dated 25.08.2026 stands suspended till final hearing and disposal of Criminal Appeal No.769 of 2026. (iii) The applicants be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) each with two solvent sureties each in the like amount. (iv) The applicants shall not commit any criminal activity. 3 of 4 (( 4 )) 6-Cri-Apln-3821-2026 (v) The applicants shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date they tenders bail papers and thereafter, the trial Judge to fix dates for their subsequent appearances. (vi) In case of two consecutive defaults on the part of the applicants 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 applicants. (vii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 4 of 4