Krushna Rajendra Gosavi v. The State Of Maharashtra

KSG 68-IA-2941-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2941 OF 2025 IN CRIMINAL APPEAL NO.881 OF 2025 Krushna Rajendra Gosavi ... Applicant V/s.

The State of Maharashtra ... Respondent _______________________________________ Mr. Abhishek Kulkarni a/w Mr. Sagar Wakle, Mr. R.S. Pere for the Applicant/Appellant.

Mr. Amit A. Palkar, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE : 11th NOVEMBER, 2025 P.C. :

1) This is an Application for suspension of sentence and releasing the Applicant on bail, during the pendency of Appeal. 2) By the impugned Judgment and Order dated 11th March, 2025, passed in Sessions Case No.130 of 2015, the learned Additional Sessions Judge, Malegaon, Taluka Malegaon, Dist.Nashik, the Applicant is convicted under Sections 302, 394, 397 and 504 of the Indian Penal Code and is sentenced to suffer life imprisonment.

3) Learned APP produced on record the Nominal Roll of the Petitioner. It is stated therein that, the Petitioner as of 4th November 2025, has undergone 10 years 5 months 27 days of actual imprisonment. The 1/3

KSG 68-IA-2941-2025.doc Appeal is of the year 2025 and the possibility of Appeal being taken up for final hearing on its own merits in near future is remote. 4) In view of the observations made by the Hon'ble Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, reported in 2022 SCC OnLine SC 697 and Suleman Vs. The State of Uttar Pradesh, in Miscellaneous Application No. 764 of 2022, dated 15th September 2022, as the Applicant has already undergone more than 10 years of actual imprisonment and there is no chance of hearing his substantive Appeal in the near future, the substantive sentence imposed upon the Applicant can be suspended and he be released on bail.

5) Hence, the following Order :- a) During the pendency of Appeal, preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 11th March, 2025, passed by the learned Additional Sessions Judge, Malegaon, Taluka Malegaon, Dist.Nashik in Sessions Case No. 130 of 2015, is suspended and the Applicant be released on bail on his furnishing PR bond of Rs. 30,000/- with one or two local sureties in the like amount.

b) After his release from jail, the Applicant shall attend the Manmad Railway Police Station, Taluka 2/3

KSG 68-IA-2941-2025.doc Nandgaon, Dist.Nashik on every first Monday of each month between 11.00 a.m. and 1.00 p.m. initially for a period of one year and thereafter on every first Monday between 11.00 a.m. and 1.00 p.m. of every third calender month i.e. four times in a year, till the disposal of Appeal.

c) In case of two consecutive defaults in complying with the aforesaid conditions, the Prosecution is at liberty to file an application for cancellation of bail. 6) Application is allowed in the aforesaid terms. ( RANJITSINHA RAJA BHONSALE, J. ) ( A.S. GADKARI, J. ) Digitally signed by KIRAN SANJAY GHUGE Date:

2025.11.20 18:05:04 +0530 KIRAN SANJAY GHUGE 3/3