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Bombay High Court

SURAJ RAMBHAVAN JAYSWARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court held that the applicant is entitled to suspension of his sentence and release on bail pending the appeal.

Summary

The applicant, convicted under IPC sections 302, 392, 394, 397 read with 34, had been in custody for over 11 years and sought suspension of his sentence and release on bail pending his appeal. The High Court noted that the appellant’s appeal was unlikely to be heard soon and relied on Supreme Court observations in Saudan Singh v. State of UP and Suleman v. State of UP, which permit suspension of sentence during the pendency of an appeal. Accordingly, the Court ordered the sentence to be suspended and granted bail on a personal bond of Rs.50,000 with sureties, subject to reporting conditions at the police station. The applicant must attend monthly for a year and then quarterly thereafter, and must be present at the appeal hearing. The Court also warned that a breach of conditions on two consecutive occasions could lead to cancellation of bail. The application was allowed.

Issues considered

  • Whether a convicted person is entitled to suspension of sentence and release on bail pending the pendency of an appeal under the principles laid down by the Supreme Court.
  • Whether the conditions imposed by the trial court for bail are appropriate.

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • appeal pending
  • IPC murder
  • IPC robbery
  • IPC dacoity
  • Supreme Court precedent
  • criminal procedure

Judgment

P. H. Jayani                                                         38 IA2538.2025.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 2538 OF 2025
                                          IN
                           CRIMINAL APPEAL NO. 643 OF 2025

Suraj Rambhavan Jayswar                                          …. Applicant

               v/s.

The State of Maharashtra                                         …. Respondent

                             ________________________________

Mr. Ganesh K. Gole a/w. Mr. Aarif Ali M. Ali for the Applicant/Appellant.
Smt. Madhavi H. Mhatre, APP for the Respondent – State.
                   ________________________________


                                        CORAM: A.S. GADKARI AND
                                               SHYAM C. CHANDAK, JJ.

                                        DATED : 13th JANUARY, 2026.
P. C. :-

1)                    This is an Application for suspension of sentence and releasing

the Applicant (Ori. Ac. No.3) on bail. The Applicant is convicted under

Sections 302, 392, 394 and 397 read with 34 of the Indian Penal Code, by

the learned Additional Sessions Judge, Panvel, District Raigad in Sessions

Case No.165/2019 by its Judgment and Order dated 17th May, 2025.

2)                    The Nominal Roll produced on record by the learned APP

indicates that, as of today, the Applicant has undergone about 11 years and

02 months in incarceration at pre-trial and post conviction stage. The


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P. H. Jayani                                                          38 IA2538.2025.doc


possibility of hearing his substantive Appeal in near future is remote.

3)                    In view of the observations made by the Hon’ble Supreme

Court in the case of Saudan Singh Vs. State of Uttar Pradesh, reported in

2022 SCC OnLine SC 697 and Suleman Vs. The State of Uttar Pradesh, in

Miscellaneous Application No.764 of 2022, dated 15 th September 2022, the

Applicant is entitled for suspension of his sentence and be released on bail,

during the pendency of his Appeal.

3.1)                  Hence, the following Order :-

                                            ORDER

               (i)          During the pendency of Appeal preferred by the

               Applicant, the substantive sentence imposed upon the Applicant

               vide Judgment and Order dated 17 th May, 2025, passed by the

               Additional Sessions Judge, Panvel, District Raigad in Sessions Case

               No.165 of 2019, is suspended and the Applicant is released on bail

               on his furnishing PR bond of Rs.50,000/- with one or more sureties

               in the like amount.

               (ii)         After his release from jail, the Applicant shall attend the

               Kharghar Police Station, Navi Mumbai on every first Monday of

               each month between 10.00 a.m. and 12.00 noon and mark his

               presence initially for a period of one year and thereafter on every

               first Monday between 10.00 a.m. and 12.00 noon of every third

               calender month i.e. four times in a year till the disposal of Appeal.

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                      P. H. Jayani                                                            38 IA2538.2025.doc


                                     (iii)         The Applicant shall make himself available at the time of

                                     hearing of the Appeal.

                                     (iv)          In case of breach of conditions imposed upon the

                                     Applicant on two consecutive occasions, the prosecution is at liberty

                                     to file an Application for cancellation of bail, before this Court.

                      4)                     Application is allowed in the aforesaid terms.



                             (SHYAM C. CHANDAK, J.)                               (A.S. GADKARI, J.)


  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.01.20
11:20:43 +0530




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