O R D E R

1. Leave granted.

2. Heard learned counsel for the parties.

3. This appeal arises from an order dated 31.07.2024 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur rejecting the prayer of the appellant to suspend the sentence pending consideration of Criminal Appeal No. 782/2019 filed against the order of conviction and sentence dated 09.08.2019.

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4. At the outset, learned Counsel for the appellant submits that by now the appellant has served sentence of a period exceeding 15 years including remission. In such circumstances, it has been submitted that the appellant is entitled to be released on bail pending consideration of his appeal.

5. The learned counsel for the State-respondent has not been able to dispute the aforesaid position.

6. In view of the above, having regard to the appellant having already served sentence of over 15 years including remission, we are of the view that the appellant is entitled for suspension of sentence at this stage pending consideration of his appeal.

7. Accordingly, the appeal is allowed. The order of the High Court rejecting the prayer to suspend the sentence is set aside. The sentence awarded by the trial court shall remain suspended pending consideration of his appeal by the High Court.

8. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case.

9. Pending application(s),if any, shall stand disposed of.

…………………………………………………………...J

[MANOJ MISRA]

…………………………………………………………...J

[MANMOHAN]

New Delhi

March 13, 2026

ITEM NO.7 COURT NO.14 SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Criminal Appeal No. /2026 @SLP (Crl) No. 2873/2026

[Arising out of impugned final judgment and order dated 31-07-2024 in CRA(APPA) No. 215/2023 passed by the High Court of Judicature at Bombay at Nagpur]

SHASHIKAPOOR @ CHOCHO Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s)

Date : 13-03-2026 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MANOJ MISRA

HON'BLE MR. JUSTICE MANMOHAN

For Petitioner(s) :

Ms. Reena Pandey, Adv.

Ms. Kajal Kumari, Adv.

Mr. Anurag Pandey, AOR

For Respondent(s) :

Mr. Varad Kilor, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR

Mr. Shrirang B. Varma, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeal is allowed in terms of the signed order which is placed on the file.

3. Pending application(s),if any, shall stand disposed of.