Bombay High Court
PRANAY RAWAL AND ANRversusSTATE THR PSI BICHOLIM, POLICE STATION
- Disposal
- Allowed
Holding
The Court held that the suspension of the sentence is justified and allowed subject to specified conditions.
Summary
The applicants were convicted in a Sessions trial for offences under IPC Sections 323 and 352 read with Section 34 and sentenced to three months' simple imprisonment. They filed a criminal appeal and a miscellaneous application seeking suspension of the sentence pending the appeal. The High Court noted that the applicants had already served 29 days, were on bail during trial, and had not misused their liberty. Considering these circumstances, the Court found the case made out for granting suspension of the sentence. The application was allowed subject to a Rs.50,000 personal bond, sureties, furnishing of residential details, surrender of passport, and deposit of compensation within four weeks, effectively granting bail before the Sessions Court.
Issues considered
- Whether the suspension of the sentence pending the criminal appeal is warranted under the facts of the case
- Whether conditions such as bond, sureties, address verification, passport surrender, and compensation deposit can be imposed for the suspension
Legislation cited
- Indian Penal Code, 1860 — s. 304, 323, 34, 352, 504, 506
Subjects
- criminal appeal
- suspension of sentence
- bail
- IPC
- Section 323
- Section 352
- Section 34
- criminal miscellaneous application
Judgment
905 CRMA 244 2026
Niti
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO.244 OF 2026
PRANAY RAWAL AND ANR ... APPLICANTS
Versus
STATE THR PSI BICHOLIM, POLICE
STATION ... RESPONDENT
Mr. Vibhav Amonkar with Mr. Raj Chodankar, Advocates for
Applicants.
Mr. Nikhil Vaze, Additional Public Prosecutor for
Respondent/State.
CORAM:- S. G. CHAPALGAONKAR, J.
DATED :- 5th October, 2026
P.C.:
Applicants were prosecuted in Sessions Case (Ors.) No.58/2017
for offences punishable under Sections 304, 323, 504, 506, 352 r/w
Section 34 of Indian Penal Code. Upon trial, they have been
convicted for offences punishable under Sections 323, 352 r/w
Section 34 of IPC and sentenced to suffer simple imprisonment for
three months. Applicants have filed Criminal Appeal No.38/2026,
which has been admitted. By the present application, Applicants
seek suspension of sentence.
2. Mr. Amonkar, learned Advocate appearing for Applicants takes
this Court through the reasoning adopted by Sessions Court and
Page 1 of 3
5th October, 2026
905 CRMA 244 2026
endeavours to convince this Court that the conviction is
unwarranted in the facts of the case.
3. Mr. Nikhil Vaze, learned Additional Public Prosecutor opposes
the application.
4. Having considered the submissions advanced by learned
Advocates appearing for respective parties and on perusal of
reasoning adopted by the Sessions Court in its order, it can be
observed that Applicants are sentenced to undergo three months'
imprisonment. The hearing of the Appeal would take its own
course. Applicants were bailed during the course of trial. They
have not misused the liberty. Applicants have already undergone
sentence of 29 days prior to filing of the chargesheet. In that view
of the matter, the case is made out to grant the application. Hence,
the application is allowed in terms of prayer clause (A) subject to
conditions that Applicants shall furnish PR Bond of Rs.50,000/-
(Rupees Fifty Thousand only) in addition to one or two sureties of
like amount. Applicants shall furnish their residential addresses
along with proof thereof and contact numbers, which shall be
updated from time to time. Applicants shall surrender their
passport, if any. Applicants shall deposit the compensation amount
within a period of four weeks from today. Bail before Sessions
Court.
Page 2 of 3
5th October, 2026
905 CRMA 244 2026
5. Application is allowed and disposed of in the above terms.
S. G. CHAPALGAONKAR, J.
Signed by: NITI K HALDANKAR
Designation: Private Secretary
Page 3 of 3
Date: 05/10/2026 18:40:29
5th October, 2026
Checking your session…