Rajendra Gangadhar Damale v. The State Of Maharashtra
by HEMANT CHANDERSEN SHIV Date:
2026.01.21 18:30:27 +0300 HEMANT CHANDERSEN SHIV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3550 OF 2025 IN CRIMINAL APPEAL NO.226 OF 2025 Rajendra Gangadhar Damale .....Applicant Vs.
State of Maharashtra .....Respondent __________________________________________ Ms. Swapana Kode, Appointed Advocate with Ms. Divya Kakkar for the Applicant.
Mr. Vinod Chate, APP for the Respondent-State. __________________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.
DATE : 16th JANUARY, 2026.
P.C.:- 1) This is an Application for suspension of sentence and releasing the Applicant on bail. The Applicant is convicted under Section 498-A and 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life by the learned Additional Sessions Judge at Niphad in Sessions Case No.58 of 2011, by its Judgment and Order dated 28th February 2019. 2) The Nominal Roll of the Applicant produced on record by the learned APP indicates that, as of today the Applicant has undergone the actual imprisonment of about 14 years, 4 months and 21 days and including remissions 19 years, 3 months and 7 days. 1/3
3) 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, the Applicant is entitled for suspension of his sentence and be released on bail, during the pendency of his Appeal.
3.1) Hence, the following Order :-
ORDER
(i) During the pendency of Appeal preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 28th February, 2019, passed by the learned Additional Sessions Judge, Niphad, District Nashik in Sessions Case No.58 of 2011, is suspended and the Applicant is released on bail on his furnishing PR bond of Rs.25,000/- with one or more sureties in the like amount.
(ii) After his release from jail, the Applicant shall attend the Yeola Taluka Police Station, Nashik on every first Monday of each month between 10.00 a.m. and 12.00 noon and mark his presence initially for a period of one year and thereafter on every first Monday between 10.00 a.m. and 12.00 noon of every third calender month i.e. four times in a year till the disposal of Appeal. (iii) The Applicant shall make himself available at the time of 2/3
hearing of the Appeal.
(iv) In case of breach of conditions imposed upon the Applicant on two consecutive occasions, the prosecution is at liberty to file an Application for cancellation of bail, before this Court. 4) Application is allowed in the aforesaid terms. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 3/3