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Bombay High Court

VIKASH SURESHCHANDRA PATHAKversusThe THE UNION TERRITORY OF DNH DAMAN AND DIU

Decided
Disposal
Disposed Off

Holding

The court held that, given the debatable identification of the accused as the driver and the substantial time already served, the sentence should be suspended and bail granted pending the final disposal of the appeal.

Summary

Vikash Sureshchandra Pathak was convicted under IPC sections 304(II) and 308, and Motor Vehicles Act section 185, and sentenced to seven years' rigorous imprisonment. He has been in custody since July 2022 and has served over four years. The appellant sought suspension of the sentence and enlargement of bail, arguing that there is no direct evidence identifying him as the driver of the vehicle involved in the fatal accident. The court noted the debatable identification, the liberal approach for fixed‑term sentences, and the substantial time already served, citing Bhagwan Rama Shinde Gosai v. State of Gujarat. Finding a prima facie case and considering the pendency of the appeal, the court allowed the application, suspended the sentence pending the appeal, and granted bail on a bond and surety.

Issues considered

  • Whether the sentence imposed on a convicted person may be suspended pending the final disposal of the appeal under the principles of liberal approach for fixed‑term sentences
  • Whether bail may be granted to an appellant who has already served a substantial portion of a fixed‑term sentence
  • Whether the lack of direct evidence identifying the appellant as the driver affects the merit of the suspension and bail application

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • fixed term sentence
  • identification of driver
  • IPC 304
  • Motor Vehicles Act 185
  • appellate jurisdiction
  • liberal approach

Judgment

                                                                     14-APEAL86-2026.DOC

                                                                                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION


                                     CRIMINAL APPEAL NO. 86 OF 2026
                                                 WITH
                                  INTERIM APPLICATION NO. 3879 OF 2025

                      Vikash Sureshchandra Pathak                           ...Appellant/
                                                                                Applicant
                                       Versus
                      State Of Maharashtra And Anr                     …Respondents



                      Mr. Manoj Bhatt, a/w Avishkar Sawant, for the Appellant –
                           Applicant.
                      Mr. Ashwin Thool, a/w Archishmati Chandramore, for the
                           Respondents.
                      Mr. D. J. Haldankar, APP for the State.


                                                       CORAM: N. J. JAMADAR, J.
                                                       DATED: 10th SEPTEMBER, 2026

                      PC:-
SANTOSH
SUBHASH
KULKARNI
Digitally signed by
                      Appeal/86/2026
SANTOSH
SUBHASH
KULKARNI
Date: 2026.09.11
21:37:25 +0530

                      1.     Heard the learned Counsel for the appellant.


                      2.     Admit.


                      3.     Call R&P.


                      IA/3879/2025


                      4.     This is an application for suspension of sentence and to

                      enlarge the applicant on bail.

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                                             14-APEAL86-2026.DOC

5.   By a judgment and order dated 6th August, 2024, the

applicant has been convicted for the offences punishable under

Sections 304 and 308 of the Indian Penal Code, 1860 (“the

Penal Code”) and Sections 185 of the Motor Vehicles Act, 1988.

For the major offence punishable under Section 304(II) of the

Penal Code, the applicant has been sentenced to suffer rigorous

imprisonment for seven years and pay fine of Rs.3,000/-, with

default stipulation.


6.   The learned Counsel for the applicant submitted that the

applicant has been in custody since the date of his arrest i.e.

17th July, 2022. The applicant has already undergone more than

four years of imprisonment, out of the maximum sentence of

seven years. Moreover, there was no credible evidence to

establish the fact that the applicant was at the wheel of the

vehicle, which ran over the deceased.


7.   The learned Special PP for the State - respondent fairly

submitted that, there is no direct evidence on the aspect of the

identification of the applicant as the person who was at the

wheel of the car.


8.   The material on record indicates that the question of

identity of the applicant as the person who was at the wheel of

the car at the time of the accident, is debatable. That question
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may require serious consideration at the time of final hearing of

the appeal.


9.    The applicant is sentenced to suffer fixed term sentence.

Ordinarily, the Appellate Court is required to adopt a liberal

approach in the matter of suspension of sentence, in cases of

fixed term sentences. A useful reference in this context can be

made to a judgment of the Supreme Court in the case of

Bhagwan Rama Shinde Gosai and others vs. State of Gujarat1.

10.   In the case at hand, the applicant has succeeded in

making out a prima facie case that, he may have a fair chance of

success in the appeal. Even otherwise, out of sentence of seven

years, the applicant has already undergone more than four

years of the imprisonment. Having regard to the large pendency

of the cases, it is unlikely that this appeal can be taken up for

hearing and final disposal in the near future.


11.   For the foregoing reasons, this Court is inclined to exercise

the discretion in favour of the applicant.


12.   Hence, the following order:


                           :ORDER:


(i)    The application stands allowed.

1     (1999) 4 SCC 421.
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                                                    14-APEAL86-2026.DOC

(ii)    The   substantive     sentence    imposed    by   the   learned

        Sessions Judge in Sessions Case No. 15/2022 arising out

        of CR No. 65/2022 registered with Nani Daman Police

        Station, Daman, stands suspended till the final disposal

        of the appeal.


(iii)   The   applicant   -   Vikash     Sureshchandra     Pathak   be

        enlarged on bail on furnishing a PR Bond in the sum of

        Rs.15,000/- and a surety in the like amount to the

        satisfaction of the learned Sessions Judge.


(iv)    The applicant shall mark his presence at Nani Daman

        Police Station, Daman, on the first Monday of October

        and April of every year till the disposal of the appeal.


(v)     The applicant shall attend the proceedings in this appeal,

        as and when directed.


        The application stands disposed.


                                              [N. J. JAMADAR, J.]




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