14-APEAL86-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 86 OF 2026 WITH INTERIM APPLICATION NO. 3879 OF 2025 Vikash Sureshchandra Pathak ...Appellant/ Applicant Versus State Of Maharashtra And Anr …Respondents Mr. Manoj Bhatt, a/w Avishkar Sawant, for the Appellant – Applicant. Mr. Ashwin Thool, a/w Archishmati Chandramore, for the Respondents. Mr. D. J. Haldankar, APP for the State. CORAM: N. J. JAMADAR, J. DATED: 10th SEPTEMBER, 2026 PC:- Appeal/86/2026 1. Heard the learned Counsel for the appellant. 2. Admit. 3. Call R&P. IA/3879/2025 4. This is an application for suspension of sentence and to enlarge the applicant on bail. 1/4 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.09.11 21:37:25 +0530 14-APEAL86-2026.DOC 5. By a judgment and order dated 6th August, 2024, the applicant has been convicted for the offences punishable under Sections 304 and 308 of the Indian Penal Code, 1860 (“the Penal Code”) and Sections 185 of the Motor Vehicles Act, 1988. For the major offence punishable under Section 304(II) of the Penal Code, the applicant has been sentenced to suffer rigorous imprisonment for seven years and pay fine of Rs.3,000/-, with default stipulation. 6. The learned Counsel for the applicant submitted that the applicant has been in custody since the date of his arrest i.e. 17th July, 2022. The applicant has already undergone more than four years of imprisonment, out of the maximum sentence of seven years. Moreover, there was no credible evidence to establish the fact that the applicant was at the wheel of the vehicle, which ran over the deceased. 7. The learned Special PP for the State - respondent fairly submitted that, there is no direct evidence on the aspect of the identification of the applicant as the person who was at the wheel of the car. 8. The material on record indicates that the question of identity of the applicant as the person who was at the wheel of the car at the time of the accident, is debatable. That question 2/4 14-APEAL86-2026.DOC may require serious consideration at the time of final hearing of the appeal. 9. The applicant is sentenced to suffer fixed term sentence. Ordinarily, the Appellate Court is required to adopt a liberal approach in the matter of suspension of sentence, in cases of fixed term sentences. A useful reference in this context can be made to a judgment of the Supreme Court in the case of Bhagwan Rama Shinde Gosai and others vs. State of Gujarat1. 10. In the case at hand, the applicant has succeeded in making out a prima facie case that, he may have a fair chance of success in the appeal. Even otherwise, out of sentence of seven years, the applicant has already undergone more than four years of the imprisonment. Having regard to the large pendency of the cases, it is unlikely that this appeal can be taken up for hearing and final disposal in the near future. 11. For the foregoing reasons, this Court is inclined to exercise the discretion in favour of the applicant. 12. Hence, the following order: : O R D E R : (i) The application stands allowed. 1 (1999) 4 SCC 421. 3/4 14-APEAL86-2026.DOC (ii) The substantive sentence imposed by the learned Sessions Judge in Sessions Case No. 15/2022 arising out of CR No. 65/2022 registered with Nani Daman Police Station, Daman, stands suspended till the final disposal of the appeal. (iii) The applicant - Vikash Sureshchandra Pathak be enlarged on bail on furnishing a PR Bond in the sum of Rs.15,000/- and a surety in the like amount to the satisfaction of the learned Sessions Judge. (iv) The applicant shall mark his presence at Nani Daman Police Station, Daman, on the first Monday of October and April of every year till the disposal of the appeal. (v) The applicant shall attend the proceedings in this appeal, as and when directed. The application stands disposed. [N. J. JAMADAR, J.] 4/4