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Bombay High CourtIA/672/2025allowed

Amol Narayan Shinde And ANR. v. State Of Maharashtra And ANR

2025-12-04Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Ranjitsinha Raja Bhonsale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by URMILA PRAMOD INGALE Date:

2025.12.16 19:55:42 +0530 URMILA PRAMOD INGALE INTERIM APPLICATION NO. 672 OF 2025 IN APPEAL NO. 31 OF 2025

1. Amol Narayan Shinde

2. Prakashsing Chandrasing Bais .. Applicants Vs.

State of Maharashtra and anr.

.. Respondents _____________________ Mr. Satyam Harshad Nimbalkar a/w Mr.Harshwardhan Milind Pawar, for the Applicants.

Mr. Ashish I. Satpute, A.P.P. for the Respondent- State. API- Jaydip Dalvi, Nigdi Police Station present. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE :

4th DECEMBER 2025.

P.C.:- 1) This is an Application for suspension of sentence and releasing the Applicants on bail during the pendency of Appeal, by the original Accused No. 5 and Accused No.7.

2) The Nominal Roll of the Applicants produced on record by the learned APP indicates that, as of 4th November 2025, the Applicant- Amol has undergone 10 years, 2 months and 9 days and the ApplicantPrakashsing has undergone 10 years, 4 months and 16 days of actual imprisonment i.e. pre-trial and post-trial incarceration. In view of the pendency before the Court, the chances of taking up the Appeals preferred by the Applicants in near future are remote.

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3) In view of the guidelines issued by the Supreme Court in the case of Suleman Vs. The State of Uttar Pradesh, in Miscellaneous Application No. 764 of 2022, dated 15th September 2022 and Saudan Singh Vs. State of Uttar Pradesh, reported in 2022 SCC OnLine SC 697, the Applicants are entitled to be released on bail during the pendency of this Appeal. 3.1) Hence, the following Order :- [i] During the pendency of Appeal preferred by the Applicants, the substantive sentence imposed upon the Applicants vide Judgment and Order dated 16th November 2024, passed by the learned Sessions Judge, Pune, in Sessions Case No. 182 of 2015, is suspended and the Applicants be released on bail on their furnishing PR bond in the sum of Rs. 50,000/- each with one or two local sureties in the like amount.

[ii] Before their release from jail, the Applicants shall give their prospective residential addresses and the mobile and/or landline numbers on which they or their any close relative can be contacted. [iii] After their release from jail, the Applicants shall attend the Nigdi Police Station, Pune, on every first Monday of each month between 10.00 a.m. and 12.00 p.m. initially for a period of one year and thereafter on every first Monday of every third calender month between 10.00 a.m. and 12.00 p.m. i.e. four times in a year till the disposal of Appeal.

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[iv] In case of two consecutive defaults in complying with the aforestated conditions, the Prosecution is at liberty to file an Application for cancellation of bail.

4) Application is allowed in the aforesaid terms. (RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.) 3/3