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2026 DAILYLAW 14080 (BOM)

PRANAY RAWAL AND ANR v. STATE THR PSI BICHOLIM, POLICE STATION

CRMA/244/2026 · 2026-10-05

Criminal Appealbody2026

Judgment text

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905 CRMA 244 2026 Niti IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO.244 OF 2026 PRANAY RAWAL AND ANR ... APPLICANTS Versus STATE THR PSI BICHOLIM, POLICE STATION ... RESPONDENT Mr. Vibhav Amonkar with Mr. Raj Chodankar, Advocates for Applicants. Mr. Nikhil Vaze, Additional Public Prosecutor for Respondent/State. CORAM:- S. G. CHAPALGAONKAR, J. DATED :- 5th October, 2026 P.C.: Applicants were prosecuted in Sessions Case (Ors.) No.58/2017 for offences punishable under Sections 304, 323, 504, 506, 352 r/w Section 34 of Indian Penal Code. Upon trial, they have been convicted for offences punishable under Sections 323, 352 r/w Section 34 of IPC and sentenced to suffer simple imprisonment for three months. Applicants have filed Criminal Appeal No.38/2026, which has been admitted. By the present application, Applicants seek suspension of sentence. 2. Mr. Amonkar, learned Advocate appearing for Applicants takes this Court through the reasoning adopted by Sessions Court and 5th October, 2026 905 CRMA 244 2026 endeavours to convince this Court that the conviction is unwarranted in the facts of the case. 3. Mr. Nikhil Vaze, learned Additional Public Prosecutor opposes the application. 4. Having considered the submissions advanced by learned Advocates appearing for respective parties and on perusal of reasoning adopted by the Sessions Court in its order, it can be observed that Applicants are sentenced to undergo three months' imprisonment. The hearing of the Appeal would take its own course. Applicants were bailed during the course of trial. They have not misused the liberty. Applicants have already undergone sentence of 29 days prior to filing of the chargesheet. In that view of the matter, the case is made out to grant the application. Hence, the application is allowed in terms of prayer clause (A) subject to conditions that Applicants shall furnish PR Bond of Rs.50,000/- (Rupees Fifty Thousand only) in addition to one or two sureties of like amount. Applicants shall furnish their residential addresses along with proof thereof and contact numbers, which shall be updated from time to time. Applicants shall surrender their passport, if any. Applicants shall deposit the compensation amount within a period of four weeks from today. Bail before Sessions Court. 5th October, 2026 905 CRMA 244 2026 5. Application is allowed and disposed of in the above terms. S. G. CHAPALGAONKAR, J. 5th October, 2026 Signed by: NITI K HALDANKAR Designation: Private Secretary Date: 05/10/2026 18:40:29