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Bombay High CourtIA/4338/2025allowed

Pramod Dinesh Sasane v. State Of Maharashtra

2026-01-20Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak4 pages

KSG 15-IA-4338-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4338 OF 2025 WITH INTERIM APPLICATION NO.4336 OF 2025 IN CRIMINAL APPEAL NO.1140 OF 2025 Pramod Dinesh Sasane ... Applicant V/s.

State of Maharashtra ... Respondent _______________________________________ Mr. Ajay H. Lad for the Applicant in both Applications. Smt. M.H. Mhatre, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 20th JANUARY 2026 P.C. :

1) These are the Applications for suspension of sentence and releasing the Applicant (Org.A.No.2) on bail respectively, during the pendency of his Appeal.

2) The Applicant (Org.A.No.2) is convicted under Sections 307 and 323 of the Indian Penal Code, 1860 and sentence to suffer imprisonment for life by the learned Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai, in Sessions Case No.456 of 2025, (Old Number Sessions Case No.154 of 2022), by its Judgment and Order dated 30th October 2025. 3) It is the prosecution case that, on 18th October 2021, at around 00.15 hours, when the informant (PW No.1) alongwith victims Arjan Khan 1/4

KSG 15-IA-4338-2025.doc (PW No.3) and Arshil Hussain (PW No.6) were returning from an ATM Center of Jijamata Nagar Worli, they saw a quarrel between 12-15 persons near the Pathan Chawal. The informant and victim noticed that, one of the persons in the said melee, namely Sharukh Shaikh @ Babbu, was their friend and therefore they tried to pacify the said quarrel. At that time, the Accused No.1 Vicky Sasane assaulted with knife in the stomach of Arjan Khan (PW No.3) and on the left side of the chest of Arshil Hussain (PW No.6). In this brief premise, the prosecution was lodged and the Applicant alongwith coaccused have been convicted by the trial Court. 4) Perusal of record indicates that, victim Arjan Khan (PW No.

3) indicates that, he has attributed the role of stabbing with knife to Vicky Sasane and no role is attributed to the Applicant herein by said witness. As far as, another victim Arshil Hussain (PW No.6) is concerned, he is stated that, "Accused No.2 has caught hold me and Arjan. Now witness has pointed out towards one accused (Therefore, this Court has asked him his name. He is accused No.1 Vicky Sasane)." 4.1) Learned Advocate appearing for the Applicant submitted that, it is difficult to believe that the Applicant caught hold both the deceased simultaneously. That, the said witness in his cross-examination has admitted the fact, that due to dark he could not see who was beating to whom.

KSG 15-IA-4338-2025.doc 4.2) We, therefore, find substance in the submissions of the learned Advocate for the Applicant.

5) As a result we are inclined to suspend the sentence and releasing the Applicant on bail, during the pendency of his Appeal. 6) Hence, the following Order :- i) During the pendency of Appeal preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 30th October 2025, passed by the Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai in Sessions Case No.456 of 2025, (Old Number Sessions Case No.154 of 2022), is suspended and the Applicant be released on bail on his furnishing PR bond of Rs. 50,000/- with one or two local solvent sureties in the like amount.

iii) After his release from jail, the Applicant shall attend the Worli Police Station, Mumbai on every first Monday of each month between 10.00 a.m. and 1.00 p.m. initially for a period of one year and thereafter on every first Monday between 10.00 a.m. and 1.00 p.m. of every third calender month i.e. four times in a year, till the disposal of Appeal. 3/4

KSG 15-IA-4338-2025.doc iii) 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. 7) Interim Applications are allowed in the aforesaid terms. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) Digitally signed by KIRAN SANJAY GHUGE Date:

2026.01.23 10:56:12 +0530 KIRAN SANJAY GHUGE 4/4