Kisan Bansi Kadam And Others v. The State Of Maharashtra
2026:BHC-AUG:17504 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1542 OF 2026 IN APEAL/282/2026 1.
Kisan Bansi Kadam, Age : 47 years, Occu. : Agri., R/o. Lonighat, Tq. & Dist. Beed.
2.
Swati Kisan Kadam, Age : 37 years, Occu. : Household, R/o. Lonighat, Tq. & Dist. Beed.
3.
Ram Vitthalrao Ghadge, Age : 52 years, Occu. : Agri., R/o. Aaherwadgaon, Tq. & Dist. Beed.
... Applicants.
(Accused)
Versus
The State of Maharashtra, Through Officer In Charge, Police Station Beed (Rural), Dist. Beed.
... Respondent ......
Advocate for Applicant : Mr. Shrikant G. Kawade APP for Respondent - State : Mr. N. S. Tekale ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 22 APRIL 2026 PER COURT :
1.
This is an application for suspension of sentence awarded by learned Additional Sessions Judge-1, Beed in Sessions Case No.142 of 2023 for offence punishable under sections 306, 506 & 507 read with section 34 of the Indian Penal Code and prays for grant of bail.
-22.
Learned counsel submits that, applicants were tried vide above sessions case and convicted by judgment and order dated 25.03.2026. Against the same, appeal has been preferred, but it is of current year and there are no immediate chances of hearing the appeal. 3.
Learned counsel further submitted that, applicants were on bail during trial and that fine amount is already paid. He submitted that allegations are of threats to deceased for repayment of hand-loan that too on telephone. Thus according to him, applicants have bright chances of succeeding in the appeal. For all above reasons, suspension of sentence and grant of bail are urged for.
4.
Learned APP opposed the application on the ground that charges are proved on full-fledged trial and on complete appreciation of evidence. He also pointed out that, evidence comprises of suicide note. 5.
Taking into account the above submissions and primarily that threat to the deceased was made on telephone, and more particularly, considering the nature of allegations, the quantum of sentence and that the applicants were on bail during trial and further there are no immediate prospects of hearing the appeal, it being of 2026, the relief as prayed deserves to be granted. Hence, the following order is passed :
-3ORDER I.
Criminal Application stands allowed.
II.
The substantive sentence imposed on the applicants in Sessions Case No. 142 of 2023 by learned Additional Sessions Judge-1, Beed on 25.03.2026 stands suspended till the final hearing and disposal of Criminal Appeal No.282 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. 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 tender 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 bail granted to the applicants.
VII.
Bail before the trial court.
(ABHAY S. WAGHWASE, J.) Tandale