Bombay High Court
SAGAR PARESH GOSALIYAversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court suspended the substantive sentence pending appeal, subject to the applicant furnishing a personal bond of Rs.15,000 with one or two sureties.
Summary
The applicant, Sagar Paresh Gosaliya, was convicted under IPC Sections 353 and 332 and sentenced to a short term of imprisonment with fines. The Sessions Court had already suspended the sentence pending appeal and granted interim bail. The applicant filed an interim application seeking further suspension of the substantive sentence while the appeal is pending, citing that he had already deposited the fine and was not misusing his liberty. The State opposed the application, fearing the applicant might abscond if released on bail. The High Court, noting the short term of the sentence, the applicant's prior bail, and lack of misconduct, ordered the suspension of the substantive sentence subject to a personal bond of Rs.15,000 with sureties, and directed the bail bonds to be filed before the Additional Sessions Judge. The application was therefore allowed and disposed.
Issues considered
- Whether the substantive sentence should be suspended pending disposal of the appeal
- Whether the applicant should be required to furnish a personal bond and sureties
Legislation cited
- Indian Penal Code, 1860 — s. 332, 353
Subjects
- suspension of sentence
- interim bail
- IPC 353
- IPC 332
- personal bond
- criminal appeal
Judgment
94-IA-94-2026 IN APEAL-37-2026.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 94 OF 2026
IN
CRIMINAL APPEAL NO. 37 OF 2026
Sagar Paresh Gosaliya … Applicant
Versus
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE State Of Maharashtra And Anr … Respondents
KAMBLE Date: 2026.01.20
11:31:09 +0530
________________________________________________________
Mr.Himanshu R. More a/w Mr.Ashi Naryan h/f Mr.Prakash
Sabingikar, for the Applicant.
Mr.P.P. Jadhav, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th JANUARY, 2026
P.C. :
. This is an application for suspension of sentence.
2. Heard learned counsel for the Applicant and the learned
Additional Public Prosecutor.
3. The Applicant has been convicted for the offence punishable
under Section 353 and 332 of the Indian Penal Code (‘IPC’ for short).
The maximum sentence imposed on the Applicant for the offence
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94-IA-94-2026 IN APEAL-37-2026.doc
N.S.Kamble
punishable under Section 353 is two years with fine of Rs.5,000/- and
Section 332 is one year and simple imprisonment (‘SI’ for short) with
fine of Rs.2,500/-. The learned Sessions Court has suspended the
sentence during the appeal period and has granted interim bail to the
Applicant.
4. During the trial the Applicant was on bail. The Applicant
has deposited the fine amount. It may take time to dispose of the
Appeal. Hence, requested to allow the Application.
5. The learned APP and learned counsel for Respondent No.2
strongly objected to allow the Application on the ground that if the
Applicant released on bail, he may abscond. Hence, requested to reject
the Application.
6. Considering the submission of both learned counsel as well
as sentence imposed on the Applicant is short term sentence. During
trial Applicant was on bail. He has not misused the liberty.
Considering these facts, the sentence is suspended till final disposal of
the Appeal.
7. The Application is disposed of in the following terms.
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94-IA-94-2026 IN APEAL-37-2026.doc
N.S.Kamble
ORDER
(i) The substantive sentence of imprisonment
awarded to the applicant is hereby suspended pending
disposal of the appeal, subject to the applicant furnishing a
PR bond in the sum of Rs.15,000/- with one or two
sureties in the like amount.
(ii) The bail bonds to be furnished before the learned
Additional Sessions Judge.
(iii) The Criminal Application is disposed of.
(SHIVKUMAR DIGE, J.)
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