Suresh Lahanu Naik vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Suresh Lahanu Naik vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the substantive sentence of 10 years rigorous imprisonment and release of the Applicant on bail on furnishing PR bond of Rs.25,000/- with one or two sureties in the like amount, subject to the condition of attending the concerned Police Station once a month on the first Saturday between 11.00 a.m. to 2.00 p.m. during the pendency of the Appeal.

Issue for consideration

Whether the sentence of rigorous imprisonment for 10 years imposed on the Applicant under Section 376 IPC should be suspended and the Applicant released on bail during the pendency of Criminal Appeal No.813 of 2025.

Court's answer

Considering that the Applicant has undergone 4 years and 8 months of sentence, the appeal is of the year 2024 and the paper book is not yet ready, the Court was inclined to suspend the sentence and release the Applicant on bail.

Ratio / Principle

The substantive sentence imposed upon the Applicant by the trial court is suspended during the pendency of the appeal.

Key takeaways

The Applicant shall be released on bail on furnishing a PR bond of Rs.25,000/- with one or two sureties in the like amount.ratio¶22
As a condition of bail, the Applicant shall attend the concerned Police Station once in a month, on the first Saturday between 11.00 a.m. to 2.00 p.m., during the pendency of the Appeal.ratio¶23

Detailed headnote1 paragraphs

Bail and suspension of sentence pending appeal — S.376 IPC — Applicant convicted by the Sessions Judge, Alibag in Special (Atrocity) Case No.13 of 2021 (judgment dated 8 May 2024) and sentenced to rigorous imprisonment for 10 years; Criminal Appeal No.813 of 2025 pending — Applicant had undergone 4 years 8 months; paper book not yet ready — Held, substantive sentence suspended and Applicant released on bail on furnishing PR bond of Rs.25,000/- with one or two sureties in the like amount, on condition of monthly attendance at the concerned Police Station on the first Saturday between 11.00 a.m. to 2.00 p.m. during the pendency of the Appeal — Interim Application disposed of (N.R. Borkar, J., 04.09.2025).

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0IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.3693 OF 2024 IN

CRIMINAL APPEAL NO.813 OF 2025

Suresh Lahanu Naik … Applicant V/s. State of Maharashtra & Anr. … Respondents

Mr. Vishal G. Salvi a/w Tejas P. Pawar for the Applicant. Mr. B. V. Holambe-Patil, APP for Respondent No.1-State. Mr. Saroj Jadhav, Advocate appointed, Legal Aid Panel for Respondent No.2.

CORAM : N.R. BORKAR, J. DATE : 04TH SEPTEMBER 2025

P.C. :

By this Application, the Applicant is seeking suspension of sentence

and grant of bail during the pendency of Appeal filed by him against the judgement and order dated 8^th May 2024 passed by the Sessions Judge, Alibag in Special (Atrocity) Case No.13 of 2021, by which the Learned Sessions Judge has convicted the present Applicant for the offence punishable under Section 376 of the IPC and sentenced him to suffer rigorous imprisonment for 10 years.

I have heard Learned Counsel for the Applicant, Learned APP for Respondent No.1-State and Learned Counsel for Respondent No.2.

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Learned Counsel for the Applicant submits that the Applicant has good case on merits. It is submitted that till date the Applicant has undergone sentence of 4 years and 8 months. It is submitted that considering the pendency of the Criminal Appeals, the Appeal filed by the Applicant is not likely to be taken up for final hearing. It is submitted that considering the facts and circumstances, the sentence be suspended and the Applicant be released on bail.

On the other hand, Learned APP for Respondent No.1-State and Learned Advocate for Respondent No.2 submit that the Applicant is convicted for the serious offence of rape. It is submitted that considering the nature of the offence, the sentence may not be suspended.

The fact that the Applicant has undergone the sentence of 4 years and 8 months is not disputed. The Appeal is of the year 2024. The paper book is not yet ready. Considering the overall facts and circumstances, I am inclined to suspend the sentence and release the Applicant on bail.

The substantive sentence imposed upon the Applicant by the trial court is suspended. The Applicant shall be released on bail on furnishing

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PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

The Applicant shall attend the concerned Police Station once in a month, i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. during the pendency of Appeal.

The Interim Application is disposed of in the aforesaid terms.

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