Sudam Asaram Harne vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Sudam Asaram Harne vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted and sentence suspended (interim order dated 08.10.2025 confirmed) till decision of Criminal Appeal No. 746 of 2025.

Issue for consideration

Whether the sentence imposed upon the applicant (original Accused No.1), convicted by the Special Judge (SC & ST Act), Aurangabad under Sections 354 and 354-A IPC, should be suspended and bail granted pending disposal of Criminal Appeal No. 746 of 2025.

Court's answer

The criminal application for bail and suspension of sentence is allowed.

Ratio / Principle

The interim order dated 08.10.2025 passed by this Court, granting bail to the applicant and suspending his sentence, stands confirmed till decision of the appeal.

Key takeaways

The grounds for confirming bail were that the sentence imposed is for a short term, the applicant has already deposited the fine amount, the prosecution does not allege misuse of liberty while on bail, and the PW 1 / informant's testimony will have to be tested in the background of the grounds raised by the applicant in the appeal memo.ratio¶19

Detailed headnote1 paragraphs

Criminal Application No. 3802 of 2025 in Criminal Appeal No. 746 of 2025, High Court of Bombay (Aurangabad Bench), Rajnish R. Vyas, J., 20 January 2026: Sudam Asaram Harne, original Accused No.1, convicted on 05.08.2025 by the Special Judge (SC & ST Act), Aurangabad in Special Case No. 234 of 2020 for offences punishable under Sections 354 and 354-A IPC, sentenced to rigorous imprisonment for one year and fine of Rs.2,500/- for each offence with default sentence, sought suspension of sentence and grant of bail pending appeal. Noting the sentence was of short duration, that he had deposited the fine, that the prosecution alleged no misuse of liberty during his bail through the trial, and that the informant's (PW 1) testimony required testing against the grounds raised in the appeal memo, the Court allowed the application and confirmed its interim order dated 08.10.2025 granting bail and suspending sentence till decision of the appeal. Fees of Rs.7,000/- were quantified for the counsel appointed for Respondent No.2 / victim.

909-APPLN-3802-25.odt

2026:BHC-AUG:2334

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 3802 OF 2025 IN

CRIMINAL APPEAL NO. 746 OF 2025

Sudam Asaram Harne ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS

Mr. R.M. Gaikwad, Advocate h/f Mr. M.N. Kolhe and Mr. A.S. Janrao, Advocates for applicant

Ms. U.S. Bhosale, A.P.P. for respondent no.1 – State Ms. S.D. More, Advocate for respondent no.2 (appointed)

CORAM : RAJNISH R. VYAS, J. DATE : 20^th JANUARY, 2026

PER COURT :

. The applicant/original Accused No.1 has filed this application for grant of bail and suspension of sentence. He was convicted by the Special Judge (SC & ST Act), Aurangabad in Special Case No. 234 of 2020 dated 05^th August, 2025 for commission of offences punishable under Sections 354 and 354-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.2,500/- for each offence. Default sentence is also imposed.

This Court, vide order dated 08^th October, 2025 has suspended the sentence imposed upon the applicant till next date.

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909-APPLN-3802-25.odt

Learned counsel for the applicant submitted that all throughout the the trial, the applicant was on bail. He did not misuse the liberty and cooperated for early completion of trial. According to him, after pronouncement of judgment of conviction, he surrendered to the custody of the trial Court and filed an application for suspension of sentence and grant of bail, which was allowed by the trial Court. He further submits that he has arguable case in appeal.

Per contra, learned A.P.P. and learned counsel for Respondent No.2/victim submits that the sentence may not be suspended as the trial Court has delivered the judgment on proper appreciation of evidence.

I have gone through the record. The sentence imposed upon the applicant is for short term. The applicant has already deposited the fine amount. It is not even the case of prosecution that he has misused the liberty. PW 1 / informant’s testimony will have to be tested in the background of grounds raised by the applicant in appeal memo. In that view of the matter, following order is passed :-

ORDER

(I) Criminal application is allowed.

(II) Interim order dated 08^th October, 2025 passed by this Court, whereby the applicant is granted bail and suspended the sentence, stands confirmed till decision of appeal.

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909-APPLN-3802-25.odt

(III) Ms. Shubhangi D. More, learned counsel appointed to represent Respondent No.2 / victim, has ably assisted the Court. In that view, her fees be quantified to the tune of Rs.7,000/-.

( RAJNISH R. VYAS, J. )

SSD

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