Bombay High Court

Gangaram Yasha ShidversusThe State of Maharashtra

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The court held that the sentence is to be suspended pending disposal of the revision application and bail is to be granted.

Summary

The applicant, Gangaram Yasha Shid, was convicted by a First Class Judicial Magistrate in Raigad-Alibag for offences under IPC sections 354, 354-A(1) and 509, receiving one year of rigorous imprisonment, one year of simple imprisonment, and a compensation order under CrPC section 357(3). The conviction and sentence were affirmed by the Additional Sessions Judge. The applicant filed an interim application seeking suspension of the sentence and bail, arguing that the term was short and he had not misused his liberty while on bail during trial. The High Court, after hearing counsel, noted the short‑term nature of the sentence and the applicant's conduct, and ordered the substantive sentence to be suspended pending disposal of the revision application. The court also granted cash bail of Rs.15,000, requiring the applicant to furnish a surety of the same amount within two months. Consequently, the interim application was allowed, the sentence suspended, and bail granted.

Issues considered

Whether a short‑term sentence should be suspended pending disposal of a revision application.
Whether bail should be granted to the convicted person under the circumstances.

Legislation cited

Code of Criminal Procedure, 1973 — s. 357(3)
Indian Penal Code, 1860 — s. 354, 354-A(1), 509

Subjects

suspension of sentence
bail
IPC sexual offences
revision application
short term imprisonment

Judgment

                                         71-IA 3080 of2026 in Revn 456 of 2026.doc

Tikam


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
                 CRI-INTERIM APPLICATION NO. 3080 OF 2026
                                    IN
                   REVISION APPLICATION NO. 456 OF 2026
    Gangaram Yasha Shid                              ...Applicant/s
    VERSUS
    The State Of Maharashtra                         ...Respondent/s
    _________________________________________________________________

    Mr. Tarang S. Jain a/w. Mr. Pratik B., Advocate for Applicant.
    Mr. B.B. Kulkarni, APP for Respondent-State.
    _________________________________________________________________

                                       CORAM       :    SHIVKUMAR DIGE, J.
                                       DATE        : 9th SEPTEMBER, 2026.
    P.C. :

    1.        Heard learned counsel for the Applicant and learned APP.

    2.        This is an application for suspension of sentence and for bail.

    3.        The Applicant has been convicted         by the Learned Judicial

    Magistrate, First Class, Raigad-Alibag by Judgment and Order dated

    06/05/2022 and sentenced to suffer one year rigorous imprisonment for

    the offence punishable under Section 354, 354-A(1) of Indian Penal Code

    (IPC) and also sentenced to suffer one year simple imprisonment for the

    offence punishable under 509 of IPC and            to pay compensation of

    Rs.5,000/- under Section 357(3) of the Cr.P.C. which was confirmed by

    the Additional Sessions Judge, Raigad-Alibag by Judgment and Order

    dated 11/08/2026.

    4.        Considering the submission of both learned counsel as well as



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                                                                71-IA 3080 of2026 in Revn 456 of 2026.doc

                   Tikam


                       sentence imposed on the Applicant is short term sentence. During trial

                       Applicant was on bail. He has not misused the liberty. Considering these

VAISHALI               facts, the sentence is suspended till final disposal of the Revision
ANIL
TIKAM                  Application.
Digitally signed
by VAISHALI            4.         The Application is disposed of in the following terms.
ANIL TIKAM
Date: 2026.09.11
17:00:18 +0530                                                ORDER

                                      (i)        Interim Application is allowed.

                                      (ii)       The substantive sentence of imprisonment awarded

                                      to the applicant is hereby suspended pending disposal of the

                                      Revision Application.

                                      (iii)      The   Applicant   be    released    on   cash     bail   of

                                      Rs.15,000/- in R.C.C. No. 115 of 2017 passed by the Learned

                                      Judicial   Magistrate,    First    Class,    Raigad-Alibag     dated

                                      06.05.2022 and confirmed by the Learned Additional Sessions

                                      Judge, Raigad-Alibag on furnishing PR bond of Rs.15,000/-

                                      (iv)       The Applicant shall furnish surety of the same

                                      amount within two months after releasing from jail.

                                      (v)        The bail bonds to be furnished before concerned

                                      Court.

                                      (vi)       The Application is disposed of.


                                                                         (SHIVKUMAR DIGE, J.)


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