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Bombay High Court/3609/2025allowed

Jaydeep Mahendra Patil v. The State Of Maharashtra

2025-12-03Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Ajit B. Kadethankar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3609 OF 2025 IN CRIMINAL APPEAL NO. 1268 OF 2022 Jaydeep Mahendra Patil ... Applicant/Appellant

Versus

The State of Maharashtra ... Respondent ------ Mr. Muralidhar Kharat a/w. Mr. Shantanu Patil for Applicant/Appellant. Ms. Veera Shinde, A.P.P. for Respondent-State. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : 3rd December 2025.

P. C. :

1.

This is an Application for suspension of sentence and releasing the Applicant on bail.

2.

The Applicant is convicted by the learned Sessions Judge, Kolhapur vide Judgment and Order dated 11th November 2022 in Sessions Case No. 47 of 2016, for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code (I.P.C.) and sentenced to undergo imprisonment for life and pay a fine of Rs.15,000/-. The Applicant is 1 of

accused No.2. The younger sister of the Applicant, namely, Meghana married Indrajeet Shrikant Kulkarni. It was an inter-caste marriage. The same was disliked by the family members of the Applicant. Meghana and Indrajeet were found missing from their respective houses. Missing report was therefore filed by the father of Meghana. The couple was later traced. It is stated that they had solemnized their marriage. The documents to that effect were submitted. The missing report was closed. The father of the Applicant did not oppose the marriage of his deceased daughter. Indrajeet and Meghana started residing at a rented house. The complainant was residing on the ground floor and Indrajeet and Meghana were residing at the first floor. It is alleged that on 16th December 2015 at about 10.00 p.m.

, while the complainant was doing some stitching work, suddenly she saw two persons coming down the staircase. The complainant noticed that both, Indrajeet and Meghana, were killed. The learned trial Judge convicted both the accused. The Applicant is one of the accused. From the pleadings, we find that the Applicant's father is also not keeping well. There are no previous antecedents reported against the Applicant.

3.

Learned A.P.P. opposed the Application for suspension of sentence and releasing the Applicant on bail. It is submitted that the Appeal itself could be listed for final hearing. The Appeal being of the year 2022, it 2 of

may not be possible for us to give priority.

4.

However, considering that the Applicant has been in custody for almost 10 years and that the Appeal is not likely to be taken up for hearing in the near future, we are inclined to allow the Application. 5.

Hence, the following Order :- (i) The sentence imposed by the trial Court on the Applicant vide Judgment and Order dated 11th November 2022 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 47 of 2016 is suspended.

(ii) The Applicant - Jaydeep Mahendra Patil be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

(iii) Fine amount be paid, if not already paid.

(iv) The Applicant shall report once in three months to the trial Court on every first Monday of the month commencing January 2026.

(v) The Applicant shall furnish his residential address and contact details to the trial Court.

(vi) The Applicant shall attend this Court when the Appeal is fixed for final hearing.

6.

Interim Application is disposed of in aforesaid terms. by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.12.03 18:50:57 +0530 [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] OMKAR SHIVAHAR KUMBHAKARN 3 of