Santosh Shivram Kolhe v. The State Of Maharashtra
2026:BHC-AUG:19550
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 923 CRIMINAL APPLICATION NO. 4705 OF 2025 IN APEAL/966/2025 Santosh Shivram Kolhe, Age - 49 Yrs, Occu: Labour, R/o:Bhoi Galli,Kinwat, Tq:Kinwat, Dist:Nanded.
... APPLICANT ...VERSUS...
The State of Maharashtra ... RESPONDENT ________________________________________________________________ Adv. Santosh Bhosale for the Applicant Mr. M. K. Goyanka, APP for State Adv. Amit A. Mukhedkar for the Applicant in Cr. Appln. No. 81/2026 and Cr. Appeal No. 168/2026 ________________________________________________________________ WITH CRIMINAL APPEAL NO. 966 OF 2025 WITH CRIMINAL APPEAL NO. 168 OF 2026 WITH CRIMINAL APPLICATION NO. 81 OF 2026 IN APEAL/966/2025 ...
CORAM :
NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.
DATE :
30.04.2026 PER COURT :
1.
This application is filed for suspension of substantive sentence of rigorous imprisonment awarded to the applicant by learned Additional Sessions Judge, Nanded, in Sessions Case No. 53 of 2023. The 1/5
applicant, along with four other accused persons, was prosecuted for committing the murder of Shrikant on 12.12.2022 at about 10:00 a.m. to 01:30 a.m. All the accused assaulted Shrikant, Venkatesh and Ramesh with stones and sticks. As Shrikant was seriously injured, he was admitted in Yashoda Hospital, Secunderabad, where he succumbed to the injuries during treatment. It is the case of the prosecution that, accused Nos. 1 and 2 caught hold of deceased, and applicant - Santosh (A-3), Vishal (A-4) and Vikas @ Vikki (A-5) have assaulted the deceased and the injured PW-2 and PW-3. In support of its case, prosecution has examined nineteen (19) witnesses, including PW-2 and PW-3, being injured eye witnesses. The Trial Court found the applicant and accused Nos. 3, 4 and 5 guilty of offences punishable under Section 304 Part (I) and Section 324 r/w 34 of Indian Penal Code, and sentenced them to suffer rigorous imprisonment of ten (10) years and fine of Rs. 10,000/- each.
2.
With the assistance of learned advocate for the applicant, learned APP and learned advocate for the deceased victim PW-3, we have perused the record. Perusal of evidence of injured eye witnesses PW-2 and PW-3 reveals that PW-2 has stated that A-3, A-4 and A-5 were assaulting Bandu Savkar with sticks and stones, at that time Shrikant Savkar tried to intervene. At that time, the said three accused assaulted 2/5
him with stones and sticks because of which he suffered injury on his head. When PW-2 went to intervene, the three accused also assaulted him with sticks.
PW-3 has deposed that A-3, A-4 and A-5 made him fall down and assaulted him, then he called his brother Shrikant. Shrikant came on the spot along with Ramesh. At that time, A-5 assaulted him with a wooden log on his head. When his brother Shrikant came there to save him, Kishor (A-1) and Ashok (A-2) caught him from behind. Vishal (A-4) assaulted on his head by stone and Vikas @ Vikki (A-5) assaulted him with stick. At that time, all the accused were saying that 'lets kill both the brothers'. Thereafter, they took Shrikant to the hospital, and as his condition was serious, he was shifted to Yashoda Hospital, Secunderabad.
3.
Perusal of the medical evidence shows that the death is caused due to head injury. The Medical Officer has deposed that the deceased had suffered, (i) Left parietal bone fracture with extra dural haemotoma (ii) Right temporal parietal contusions (iii) Bilateral contusion frontal part and (iv) Un-displaced fracture over Tibia lower leg.
On perusal of the aforestated evidence, we are of the prima facie view that the actual assault on head of the deceased is not 3/5
attributed to the present applicant. He may have caused other injuries on the person of the deceased, however, none of the eye-witnesses state that the applicant has assaulted the deceased on head. 4.
In this view of the matter and taking into consideration the fact that the applicant was an under-trial prisoner and has undergone three (3) and a half years of sentence and we are not in a position to hear the appeal against conviction in the near future, as this being a fixed term sentence, in the light of the decision in Bhagwan Rama Shinde Gosai and Ors Vs. State of Gujarat; (1999) 4 SCC 421, the applicant deserves to be released on bail. Hence, the following order :
O R D E R
i) Application is allowed.
ii) Pending the hearing and final disposal of present Criminal Appeal, the substantive sentence of imprisonment passed against the applicant - Santosh Shivram Kolhe is hereby suspended. iii) Applicant be released on bail on furnishing personal bond of Rs. 25,000/- with one or more sureties in the like amount and on depositing the fine amount.
iv) Applicant may stay in the village, but shall not enter land bearing Gat No. 309 belonging to PW-3.
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v) Applicant shall attend the jurisdictional police station once a month, i.e. on every first Sunday between 10:00 a.m. and 12:00 p.m., and shall not tamper with the prosecution evidence. [VAISHALI PATIL-JADHAV, J.] [NITIN B. SURYAWANSHI, J.] 5/5