Kalyan Sheshrao Lande v. The State Of Maharashtra

2026:BHC-AUG:22691 1 907.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2148 OF 2026 IN REVN/165/2026 KALYAN SHESHRAO LANDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Swapnil Satyanarayan Rathi APP for Respondent : Mr. S.R. Yadav-Lonikar ...

CORAM : ABHAY J. MANTRI, J.

DATE : 10TH JUNE, 2026 PER COURT :

1.

This is an application for suspension of sentence and grant of bail.

2.

Heard the learned Advocate for the Applicant and perused the record.

3.

Learned Advocate for the Applicant submitted that during the pendency of the trial as well as the appeal, the Applicant was released on bail. He also submitted that the Applicants have deposited the fine amount of Rs. 1,000/- before the trial Court. He further submitted that the learned trial Court convicted accused no. 1 for the offence punishable under Sections 354-A and 323 of the Indian Penal Code and accused nos. 2 and 3 for the offences punishable under Section 323 read with Section

2 907.odt 34 of the Indian Penal Code. However, the Accused Nos. 2 and 3 were released under Section 3 of the Probation of Offenders Act. Therefore, accused no. 2 chose not to prefer the Revision to challenge the orders passed by the learned Magistrate as well as the Sessions Court. He further submitted that accused nos. 1 and 3 have preferred the Revision challenging the orders passed by the learned Magistrate as well as the Sessions Court, and that the matter will take time to be finally decided. Therefore, he urged the release of Applicant no. 1 on bail and the suspension of the orders against them till the disposal of the Revision Application.

4.

Having considered the above submissions and having gone through the record, grounds raised in the Revision memo, the nature of the offence and sentence awarded by both courts below prima facie, I find substance in his contention. Apart from this, the Applicants have preferred the Revision, and it will take time to decide it finally; therefore, in my view, it would be appropriate to suspend the sentence passed against Accused Nos. 1 and 3/ Applicants till the disposal of the Revision Application and grant of bail to Applicant no. 1/accused no. 1. 5.

As such, the sentence awarded by learned Chief Judicial Magistrate, Parbhani, in RCC No. 217/2018 and confirmed by learned Additional Sessions Judge-1, Parbhani, in Criminal Appeal No. 17/2021,

3 907.odt is hereby suspended against the Applicants till the disposal of the Revision Application.

6.

Applicant no. 1, namely Kalyan S/o. Sheshrao Lande be released on bail, on furnishing PB and SB of Rs. 25,000/- (Rupees twenty-five thousand) with one solvent surety in a like amount. 7.

Applicant No. 1 shall furnish the bail bond before the learned trial Court within a period of two weeks and file an affidavit about the compliance with the order in this court, failing which, the necessary order will be passed.

8.

The Application is disposed of.

( ABHAY J. MANTRI, J. ) SPC