Datta Bhimrao Dudhal v. The State Of Maharashtra And Another
2026:BHC-AUG:16459 904(B)-Cri-Apln-1371-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 904 CRIMINAL APPLICATION NO. 1371 OF 2026 IN APPEAL/259/2026 DATTA BHIMRAO DUDHAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ....
Mr. Ramraje D. Kawade, Advocate for the Applicant Mr. P. P. Dawalkar, APP for respondent No.1 - State ....
CORAM : ABHAY S. WAGHWASE, J.
DATE : April 17, 2026 PER COURT :- 1.
The present application is for suspension of sentence and grant of bail on account of conviction recorded by the learned Special Judge, Beed (Under SC & ST Act) in Special (Atrocity) Case No.68 of 2022 by order dated 27.02.2026. 2.
The learned counsel submits that the applicant was tried vide above special case and he is convicted. He pointed out that the maximum sentence awarded by the trial Court is six months i.e. for offence under Section 354-A of I.P.C. and under Sections 3(1)(r) and 3(1)(w)(i) of the Scheduled Castes and
(( 2 )) 904(B)-Cri-Apln-1371-2026 Scheduled Tribes (Prevention of Atrocities) Act. He further makes a statement that the applicant was on bail during trial. Fine amount is already said to be paid. Lastly he submits that the appeal may not be heard immediately. Therefore, he prays for suspension of sentence and grant of bail.
3.
The learned APP strongly opposed on the ground that on full fledged trial and on complete appreciation of evidence, guilt has been recorded.
4.
Taking into account the above statement made across the bar and that the applicant was on bail during the trial and also taking into account, the maximum sentence to be of six months and there being no prospects of hearing the appeal immediately 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 applicant Datta Bhimrao Dudhal by the learned Special Judge, Beed (Under SC & ST Act), District Beed, in Special (Atrocity) Case No.68 of 2022 dated 27.02.2026 stands suspended till final hearing and disposal of Criminal Appeal No.259 of 2026.
(( 3 )) 904(B)-Cri-Apln-1371-2026 (iii) The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties in the like amount.
(iv) The applicant shall not commit any criminal activity. (v) The applicant shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date he tenders bail papers and thereafter, the trial Judge to fix dates for his subsequent appearances.
(vi) In case of two consecutive defaults on the part of the applicant 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 applicant.
(vii) Bail before the trial Court.
[ ABHAY S. WAGHWASE J. ] SMS