Bombay High Court

PRATIBHA PRALHAD GOLVANKAR AND ANR.versusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The Court held that a strong prima facie case for acquittal exists, warranting suspension of the sentence under Section 389 CrPC.

Summary

The applicants, Pratibha Pralhad Golvankar and Amol Pralhad Golvankar/Naik, were convicted under IPC sections 353, 504, 506 read with 34 and, for the second applicant, section 309, and sentenced to one year of simple imprisonment. They filed an interim application seeking suspension of the sentence, arguing that the FIR was lodged after a four‑hour delay, there were no independent witnesses, and there was no evidence of a suicide attempt. The State contended that the conviction was based on a thorough consideration of the evidence and that no ground existed for suspension. Relying on the Supreme Court’s principles in Omprakash Sahni v. Jai Shankar Chaudhary (2023) 6 SCC 123 regarding Section 389 of the CrPC, the Court held that a prima facie case for acquittal existed. Consequently, the Court suspended the one‑year sentence pending the final hearing of the appeal and released the applicants on bail subject to conditions. The interim application was disposed.

Issues considered

Whether the applicants have a prima facie case for acquittal warranting suspension of sentence under Section 389 CrPC
Whether the delay in lodging the FIR and lack of independent witnesses justify interim relief
Whether the conviction under IPC sections 353, 504, 506, 34 and 309 can be sustained pending appeal

Legislation cited

Code of Criminal Procedure, 1973 — s. 389
Indian Penal Code, 1860 — s. 309, 34, 353, 504, 506

Subjects

interim relief
sentence suspension
Section 389 CrPC
bail
prima facie case
delay in FIR
evidence insufficiency
IPC offences
criminal appeal

Judgment

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907-IA-410-2026(CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 410 OF 2026
IN
CRIMINAL APPEAL NO. 166 OF 2026

1. Pratibha Pralhad Golvankar
2. Amol Pralhad Golvankar/Naik ….Applicants

VERSUS.

State Of Maharashtra ....Respondent

-----

Adv. Kshitij P. Samant, Appointed Advocate for Applicants (Through Legal
Aid).

Digitally
Mr. S. H. Yadav, APP, for the Respondent-State.
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.08.28
-------
10:41:27
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 27th AUGUST, 2026.
P.C.

1. Mr. Kshitij P. Samant, learned Advocate for the Applicants and

Mr. S. H. Yadav, learned A.P.P. for the Respondent-State.

2. By the present Application, the Applicants seek suspension of the

sentence imposed by the Judgment and Order dated 14 th May, 2026, passed

by the Additional Sessions Judge, Sindhudurg-Oros, in Sessions Case No.

54 of 2021, whereby the Applicants are convicted of offences punishable

under Sections 353, 504 and 506 read with Section 34 of the Indian Penal

Shantanu S. Dhudum
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Code, 1860 ( “IPC”). In addition, Applicant No. 2 has been convicted of the

offence punishable under Section 309 of the IPC. The total sentence

imposed on the Applicants is one year, with the substantive sentence

directed to run concurrently.

3. Mr. Kshitij P. Samant, learned Advocate for the Applicants,

submits that the F.I.R. was lodged after a delay of almost four hours,

especially when Police Station is 300 metres away from the place of the

incident. He submits that there are no independent witnesses to the

present crime. About the offence under Section 309 of the IPC, he submits

that there is no iota of evidence, let alone any residue, to indicate that an

attempt was made by Applicant No. 2 to self-emulate.

4. Mr. S. H. Yadav, learned A.P.P., for the Respondent-State submits

that the offence which is the subject of Sessions Case No.54 of 2021 is a

serious offence. He submits that the Additional Sessions Judge,

Sindhudurg-Oros after considering the entire case, material and evidence

brought on record, has convicted the Applicants. He submits that the

Applicants have made out no case for suspension of the sentence.

5. Perused records..

6. In the case of Omprakash Sahni Vs. Jai Shankar Chaudhary and

Anr1 the Hon’ble Supreme Court has considered the powers under Section

389 of Cr.P.C.. In paragraphs Nos. 33 and 34, the Hon’ble Supreme Court,

after referring to various earlier pronouncements, has observed as under:

1 (2023) 6 SCC 123

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“33. Bearing in mind the aforesaid principles of law, the
endeavour on the part of the court, therefore, should be to
see as to whether the case presented by the prosecution
and accepted by the trial court can be said to be a case in
which, ultimately the convict stands for fair chances of
acquittal. If the answer to the abovesaid question is to be
in the affirmative, as a necessary corollary, we shall have
to say that, if ultimately the convict appears to be entitled
to have an acquittal at the hands of this Court, he should
not be kept behind the bars for a pretty long time till the
conclusion of the appeal, which usually takes very long for
decision and disposal. However, while undertaking the
exercise to ascertain whether the convict has fair chances
of acquittal, what is to be looked into is something
palpable. To put it in other words, something which is very
apparent or gross on the face of the record, on the basis of
which, the court can arrive at a prima facie satisfaction
that the conviction may not be sustainable. The appellate
court should not reappreciate the evidence at the stage of
Section 389 CrPC and try to pick up a few lacunae or
loopholes here or there in the case of the prosecution.
Such would not be a correct approach.

34. In the case on hand, what the High Court has done is
something impermissible. The High Court has gone into
the issues like political rivalry, delay in lodging the FIR,
some over-writings in the first information report, etc. All
these aspects, will have to be looked into at the time of the
final hearing of the appeals filed by the convicts. Upon
cursory scanning of the evidence on record, we are unable
to agree with the contentions coming from the learned
Senior Counsel for the convicts that, either there is
absolutely no case against the convicts or that the evidence
against them is so weak and feeble in nature, that,
ultimately in all probabilities the proceedings would
terminate in their favour. For the very same reason we are
unable to accept the contention coming from the convicts
through their learned Senior Counsel that, it would be
meaningless, improper and unjust to keep them behind the

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bars for a pretty long time till they are found not to be
guilty of the charges.”

7. Prima facie, perusal of the record indicates that the Applicants

have a strong case for acquittal in the present crime.

8. In view of the above, the order of sentencing the Applicants to

undergo simple imprisonment for a period of one year as awarded by the

judgment and order dated 14 th May, 2026 passed by the Additional

Sessions Judge, Sindhudurg-Oros in Sessions Case No.54 of 2021 is

suspended till the final hearing of this appeal and the Applicants are

directed to be enlarged on bail on the following conditions:

ORDER

(a) During the pendency of the Criminal Appeal No.166 of

2026, the sentence of imprisonment imposed vide

Judgment and Order dated 14 th May, 2026 passed by

the Additional Sessions Judge, Sindhudurg-Oros in

Sessions Case No.54 of 2021 is suspended and the

Applicants shall be released on bail on executing P.R.

Bond in the sum of Rs.25,000/-, each with one or

more sureties in the like amount to the satisfaction of

the Additional Sessions Judge, Sindhudurg-Oros.

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(b) The Applicants shall furnish their residential address and

contact details/Mobile number to the Investigation

Officer.

and when the Criminal Appeal No.166 of 2026 is listed

on the cause list of this Court.

9. Interim Application No.410 of 2026 is disposed.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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