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Prakash Shankar Gurav v. State of Maharashtra

Bombay HC2 Sept 2025IA/2751/2025

Case brief

AI extract

What is this about?

Suspension of conviction and sentence pending appeal; Section 307 IPC; rigorous imprisonment for life with Rs.1,000 fine (paid); Sessions Case No. 42 of 2022; Criminal Appeal No. 767 of 2025; Interim Application No. 2751 of 2025; Bombay High Court Kolhapur Circuit Bench; Karnik & Deshmukh JJ.; spur-of-the-moment assault with cutter on neck in state of intoxication; grievous incised wound; release on same bail terms of 18-02-2022 on fresh P.R. bonds.

What did the court decide?

Suspension of the Judgment and Order of conviction dated 25 June 2025 (Sessions Case No. 42 of 2022) during the pendency of the Appeal; Applicant to be released on the same terms and conditions as granted by the Trial Court on 18 February 2022 while granting bail, but on fresh P.R. bonds; parties to act on an authenticated copy of the Order. ¶39

Prakash Shankar Gurav vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sentence imposed on the Applicant by judgment and order dated 25 June 2025 in Sessions Case No. 42 of 2022 should be suspended during the pendency of the Criminal Appeal. +1 more

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Court's answer

During the pendency of the Appeal, the Judgment and Order of conviction dated 25 June 2025 imposed by the Trial Court in Sessions Case No. 42 of 2022 stands suspended; the Applicant is to be released on the same terms and conditions as granted by the Trial Court on 18 February 2022 while granting bail, but on fresh P.R. bonds.

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Ratio / Principle

Prima facie, on the material on record and in the facts and circumstances of the case, the Applicant did not have intention to commit the offence, which happened on the spur of the moment.

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Key takeaways

As the Appeal is of the year 2025, the Court found there is no possibility of the Appeal being heard in the near future, supporting suspension of sentence.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court, Circuit Bench at Kolhapur (M. S. Karnik and Sharmila U. Deshmukh, JJ.), by order dated 2 September 2025, allowed Interim Application No. 2751 of 2025 in Criminal Appeal No. 767 of 2025 filed by Prakash Shankar Gurav, who had been convicted under Section 307 of the Indian Penal Code by judgment and order dated 25 June 2025 in Sessions Case No. 42 of 2022 and sentenced to rigorous imprisonment for life and fine of Rs.1,000/- (in default simple imprisonment for 7 days). The Court, on perusal of the material on record, formed the prima facie opinion that the Applicant did not have intention to commit the offence, the assault with a sharp edged weapon (cutter) on the victim's neck — inflicting one grievous incised wound and two simple injuries — having taken place on the spur of the moment while the parties were consuming alcohol and known to each other, with no previous enmity. Noting that the Applicant was on bail during the trial (released 18 February 2022), that the Appeal being of 2025 was unlikely to be heard in the near future, and that the fine amount had been paid, the Court suspended the Judgment and Order of conviction dated 25 June 2025 during the pendency of the Appeal and directed release of the Applicant on the same terms and conditions as the Trial Court's bail order of 18 February 2022, on fresh P.R. bonds.

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7-IA-2751-2025.doc

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

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CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 2751 OF 2025 IN

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CRIMINAL APPEAL NO. 767 OF 2025

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Prakash Shankar Gurav … Applicant / Appellant Versus State Of Maharashtra … Respondent

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Mr. Omkar Nagwekar for the Applicant / Appellant. Ms. Veera Shinde, A.P.P. for the Respondent.

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——————

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Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ. Date : 2^nd September 2025.

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P. C. :

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1. Heard Mr. Nagwekar, learned Advocate for Applicant / Appellant and Ms. Veera Shinde, learned A.P.P. for Respondent-State.

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2. By judgment and order dated 25^th June 2025 passed in Sessions Case No. 42 of 2022, the Applicant has been convicted for the offence punishable under Section 307 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1,000/-, in default to undergo simple imprisonment for 7 days. The present

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7-IA-2751-2025.doc

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application seeks suspension of sentence imposed by the Trial Court vide judgment and order dated 25^th June 2025.

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3. The F.I.R. was lodged on 16^th December 2021. The Applicant was arrested on 16^th December 2021. According to the prosecution, the Applicant-accused and the victim were known to each other and on the date of the incident were consuming alcohol. The Applicant-accused demanded a sum of Rs.10/- from the victim and upon refusal by the victim, the Applicant took out a sharp edged weapon (cutter) and attacked the victim on the neck. The victim suffered the following injuries :-

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(i) Incised wound from hyoid catridge towards left side of neck near

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to vital structure of the neck. Size 7 cm x 3 cm x 1 cm.

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(ii) Scratch abrasion over left mastoid process.

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(iii) Incised wound over back of left ear pina 2 cm x 1 cm x 0.5 cm.

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4. Injury No.(i) is grievous in nature, whereas Injury Nos. (ii) & (iii) were simple in nature. The victim was discharged on the same day from the hospital. The evidence on record discloses that there was no previous enmity between the Applicant and the victim and the assault had taken place in state of intoxication.

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5. Learned counsel for the Applicant submits that the incident

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7-IA-2751-2025.doc

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happened on the spur of the moment and there was no intention on the part of the Applicant to commit the offence.

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6. Learned A.P.P. on the other hand supported the impugned Judgment and Order of conviction of the Trial Court and opposed the application.

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7. The Applicant was arrested on 16^th December 2021. During the pendency of the trial, he was released on bail on 18^th February 2022. Pursuant to the Order of the Trial Court convicting the Applicant, the Applicant was arrested on 25^th June 2025.

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8. From the perusal of the material on record and in the facts and circumstances of the present case, prima facie we are of the opinion that the Applicant did not have intention to commit the offence, which happened on the spur of the moment.

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9. The Applicant was on bail during the pendency of the trial. Learned A.P.P. on instructions submits that the Applicant has not misused his liberty when he was enlarged on bail. The present Appeal being of the year 2025, there is no possibility of the Appeal being heard in near future.

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10. The fine amount has been paid. In this view of the matter, we are inclined to suspend the sentence of the Applicant and hence the following Order :

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7-IA-2751-2025.doc

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(i) During the pendency of the Appeal, the Judgment and Order of conviction dated 25^th June 2025 imposed by the Trial Court in Sessions Case No. 42 of 2022 stands suspended.

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(ii) The Applicant be released on the same terms and conditions as granted by the trial Court on 18^th February 2022, while granting bail, but on fresh P.R. bonds.

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(iii) Parties to act on an authenticated copy of this Order.

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(iv) Application is allowed in the aforesaid terms.

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[ Sharmila U. Deshmukh, J. ] [ M. S. Karnik ]

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Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2025.09.02 20:19:21 +0530

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Prakash Shankar Gurav v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Prakash Shankar Gurav v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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