Vinayak Vyankatrao Kale v. The State Of Maharashtara
2026:BHC-AUG:20168
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1661 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 139 OF 2026 Vinayak Vyankatrao Kale ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT ....
Mr. S.K. Chavan, Advocate for Applicant Mr. V.M. Chate, A.P.P. for Respondent - State ....
CORAM : ABHAY J. MANTRI, J.
DATE : 05th MAY 2026 PER COURT :
1.
The Applicant / Accused has moved this Application for suspension of sentence awarded by the learned J.M.F.C., Parbhani vide judgment and order dated 28th March, 2024 in R.C.C. No. 12 of 2019 thereby convicting the Applicant for the offences punishable under Sections 498-A, 323, 504 and 506 of the Indian Penal Code and sentenced to undergo punishment in respective offences; and confirmation of the said judgment and order by the learned Additional Sessions Judge, Parbhani vide judgment and order dated 30th March, 2026 in Criminal Appeal No. 21 of 2024, during pendency of the Criminal Revision Application.
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2.
Heard learned counsel for the Applicant and perused the impugned judgments and record.
3.
Learned counsel for the Applicant submitted that the Applicant has deposited the entire fine amount with the learned Trial Court, and contended that, in view of the law laid down by this Court in Ikba and Ors. Vs. State of Maharashtra, 2024 (2) Bom.CR (Cri) 55, the impugned judgments and orders be suspended and the Applicant be released on bail. 4.
Having considered the above submissions and having gone through the record, prima facie, I found substance in his contention. Apart from this, the Applicant has preferred the Criminal Revision Application challenging the judgments and orders passed by the learned Trial Court as well as the learned Appellate Court, which will take its own time to be finally decided. Besides, the Applicant has deposited the fine amount in the Court. Having considered the same in my opinion, it would be appropriate to suspend the sentence awarded by the learned trial Court and confirmed by the learned Appellate Court and release the Applicant on bail during the pendency of the Revision Application.
5.
Consequently, Criminal Application is allowed in terms of the prayer clause (C).
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6.
Accordingly, the substantive sentence awarded by the learned J.M.F.C., Parbhani vide judgment and order dated 28th March, 2024 in R.C.C. No. 12 of 2019 thereby convicting the Applicant for the offences punishable under Sections 498-A, 323, 504 and 506 of the Indian Penal Code and sentenced to undergo punishment in respective offences; and confirmed by the learned Additional Sessions Judge, Parbhani vide judgment and order dated 30th March, 2026 in Criminal Appeal No. 21 of 2024 are suspended till disposal of Criminal Revision Application.
7.
The Applicant be released on bail on executing P.B. and S.B. of Rs. 1,00,000/- (Rupees One Lakh) with one or two solvent sureties in the like amount.
8.
Bail be furnished before the learned Trial Court by 15th May 2026. An affidavit in that regard shall be filed before this Court by 11th June, 2026, failing which this order shall stand vacated without further reference to the Court, and a warrant will be issued against the Applicant. 9.
Criminal Application is disposed of.
( ABHAY J. MANTRI, J. ) SSD 3 / 3