Mumbai, October 4, 2022 – The Additional Sessions Judge S.D. Kulkarni granted bail to Tukaram Ganpat Chavan, who had filed a criminal appeal against his conviction in C.C. No. 1257/SS/2017. The court’s decision was based on the fact that the substantive sentence passed against Chavan had already been suspended by a separate order.

Chavan was the original accused in the trial court case and filed Criminal Appeal No. 208/2022. He subsequently filed Bail Application No. 945 of 2022 seeking bail during the pendency of his appeal.

The court noted that the respondent, Mr. Suresh Saigia Kunchikorve (original complainant), was duly served but failed to appear.

Judge Kulkarni, after perusing the application and hearing the advocate for the applicant, made the following observations:

• The substantive sentence passed against the accused had been suspended by a separate order.

Based on this, the court granted bail to Chavan.

“Since the substantive sentence passed against the accused is suspended by a separate order, the accused be released on P. B. and S. B. of Rs. 10,000/- to be furnished within two weeks before the learned trial Court.” Judge Kulkarni ordered.

The court also imposed the following conditions:

• Chavan must not leave India without prior permission of the court.
• Chavan was given the liberty to furnish bail before the Sessions Court or before the learned trial court.

“Applicant / Accused shall not leave India without prior permission of the Court. Applicant / Accused is at liberty to furnish bail before this Court or before the learned trial Court.” Judge Kulkarni ordered.

The order was dictated, transcribed, and signed on October 4, 2022, and uploaded on October 7, 2022, as certified by stenographer J.S. Chavan.

This ruling emphasizes the judiciary’s approach in granting bail during the pendency of an appeal when the substantive sentence has already been suspended. It simplifies the process by allowing the accused to furnish bail in either the appeal court or the trial court.