Kais Salim Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 3489 OF 2025 IN CRIMINAL APPEAL NO. 900 OF 2025 Kais Salim Shaikh and anr ...Applicants

Versus

The State Of Maharashtra

...Respondent

Mr. Abhishek Ingale a/w Siyal F. Magdum, Om. U. Mangave, Parth Pitambare & Pankaj Deshmukh Advocate for the Applicant. Mr. Nitin. B. Patil, APP for the Respondent-State.

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

21st NOVEMBER, 2025.

P.C.

1.

By this application, the applicants are seeking suspension IRESH MASHAL sentence.

Digitally signed by IRESH MASHAL Date:

2025.11.24 16:03:04 +0530 2.

It is contention of learned counsel for applicants that the applicants are convicted vide Judgment and Order dated 26th August 2025 passed by the learned Sessions Judge, Sangli in Sessions Case No. 300 of 2019 for offences punishable under Section 353 read with 34 of the Indian Penal Code and sentenced to suffer simple imprisonment for one year each and fine of Rs. 2000/- each in default to suffer simple imprisonment for two months each. The applicants

are also convicted for offence punishable under Section 332 read with 34 of the Indian Penal Code and sentenced to suffer simple imprisonment of one year each and fine of Rs. 2000/- each and in default to suffer simple imprisonment of two months each. Applicants are also convicted for offence punishable under Section 504 read with 34 of the Indian Penal Code and sentenced to suffer simple imprisonment of six months each and fine of Rs. 1000/- each and in default, to suffer simple imprisonment of one month each. Learned counsel further submitted that during trial, the applicants were on bail. Hence, requested to allow the application. 3.

It is contention of learned APP that the Trial Court has convicted the applicants. The conviction is confirmed by the learned Sessions Judge. If applicants are released on bail, they may abscond. Hence, requested to reject the application.

4.

I have heard both learned counsel, perused impugned Judgment and Order. During the trial, the applicants were on bail. The sentence imposed upon the applicants is a short term sentence. The applicants have no antecedents. It may take time to dispose of the appeal.

5.

In view of above, I pass following order:

O R D E R

I.

The application is allowed.

II.

The substantive sentence of imprisonment awarded to the applicants by learned Sessions Judge, Sangli in Sessions Case No. 300 of 2019 vide Judgment and Order dated 26th August 2025 is hereby suspended pending disposal of appeal.

III.

The applicants be enlarged on bail on furnishing PR bond in the sum of Rs. 15,000/- each with one or two sureties in the like amount. IV.

The bail bonds to be furnished before the Sessions Judge, Sangli.

6.

The application is disposed off in above terms. (SHIVKUMAR DIGE, J.)