Sharad Vasanta Pande vs the State of Maharashtra Thr Pso Ps Sihora Tah Tumsar Dist Bhandara — Bombay HC (2026) — LawSathi Research

Sharad Vasanta Pande vs the State of Maharashtra Thr Pso Ps Sihora Tah Tumsar Dist Bhandara — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the substantive sentence (rigorous imprisonment for three years and fine of Rs.10,000/-, in default simple imprisonment for three months) imposed in Sessions Case No. 16/2017; release of the applicant on bail on PR bond of Rs.25,000/- with two sureties in the like amount; applicant to remain present as and when called by the court. Criminal Appeal No. 38/2026 admitted; notice to respondent returnable forthwith; R. and P. called for.

Issue for consideration

Whether the substantive sentence of imprisonment imposed on the applicant following his conviction under Section 326 IPC should be suspended pending disposal of the appeal against conviction.

Court's answer

The three-year sentence is a short-term sentence; the applicant has made arguable points in the appeal and has paid the fine; accordingly the court is inclined to suspend the sentence.

Ratio / Principle

The substantive sentence passed by the learned Additional Sessions Judge, Bhandara in Sessions Case No. 16/2017 dated 13.01.2026 is suspended.

Key takeaways

The applicant Sharad Vasanta Pande is to be released on bail on furnishing a PR bond of Rs.25,000/- with two sureties in the like amount, and shall remain present as and when called by the court.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (M. M. Nerlikar, J.) — Criminal Appeal No. 38/2026, Shri Sharad Vasanta Pande v. State of Maharashtra, with Criminal Application (APPA) No. 71/2026 — order dated 13/02/2026. The appeal is against conviction: by judgment and order dated 13.01.2026 in Sessions Case No. 16/2017, the learned Additional Sessions Judge, Bhandara convicted the applicant under Section 326 IPC and sentenced him to rigorous imprisonment for three years and a fine of Rs.10,000/- (in default, simple imprisonment for three months), while acquitting him under Section 307 IPC. Considering that the sentence was a short-term sentence, that the applicant had made arguable points in the appeal and had paid the fine, the court suspended the substantive sentence and directed that the applicant be released on bail on furnishing a PR bond of Rs.25,000/- with two sureties in the like amount, the applicant to remain present as and when called by the court. The application stood disposed of in these terms. The appeal was admitted, notice was issued to the respondent returnable forthwith, the learned APP waived notice, and R. and P. were called for.

1 2 apeal 38.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPEAL NO. 38/2026

(Shri Sharad Vasanta Pande Vs. State of Maharashtra

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions

and Registrar's orders

- - - - Mr. P.M. Sinha, Advocate for appellant. Mr. A. Mate, APP for respondent/State.

CORAM: M. M. NERLIKAR, J . DATED : 13/02/2026.

Heard.

Issue notice to the respondent returnable forthwith.

The learned APP waives service of notice to the

respondent/State.

The present appeal is against conviction. 5. Admit . 6. Call R. and P.

CRIMINAL APPLICATION (APPA) NO.71/2026.

Heard.

The application is for suspension of sentence passed by the learned Additional Sessions Judge, Bhandara vide judgment and order dated 13.01.2026, wherein the

present applicant was convicted for the offence punishable

under Section 326 of the Indian Penal Code and sentenced

2 2 apeal 38.26

to suffer rigorous imprisonment for three years and a fine of Rs.10,000/- in default, the applicant/accused is to suffer simple imprisonment for three months. However, it appears that the applicant was acquitted for the offense punishable under Section 307 of the Indian Penal Code.

Considering the fact that the applicant was sentenced to suffer three years, the said sentence is a shortterm sentence, the applicant has made the arguable points in the appeal and also the applicant has paid fine. In this view of the matter, I am inclined to suspend the sentence. Hence, the following order:-

ORDER

(I) Substantive sentence passed by the learned Additional Sessions Judge, Bhandara in Sessions Case No. 16/2017 dated 13.01.2026 is hereby suspended.

(II) The applicant – Sharad Vasanta Pande be released on bail on furnishing PR bond of Rs.25,000/- and two sureties in the like amount.

(III) The applicant shall remain present as and when called by this court.

Application stands disposed of in above terms.

( M. M. NERLIKAR, J.)

Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 13/02/2026 17:42:10