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
- Indian Penal Code, 1860 — s. 302, 34, 392, 394, 397
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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