Siddhesh Shantaram Dagale v. The State Of Maharashtra And ORS

DTG 16-Ia-4755-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4755 OF 2025 IN CRIMINAL APPEAL NO. 944 OF 2025 Siddhesh Shantaram Dagale ... Applicant V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Misbaah A. Solkar a/w Mr. Amin Solkar, Ms. Sejal Jain, Mr. Mohd. Taha and Mr. Mohammed Juned for Applicant.

Mr. Ajay S. Patil, A.P.P. for Respondent-State. Ms. Prachi M. Bhagat, WPSI, Mulund Police Station, present. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 5th March 2026 P.C. :

1) This is an Application for suspension of sentence and releasing the Applicant on bail, during the pendency of Appeal. The Applicant is original accused No.2.

2) Heard Ms. Solkar, learned Advocate for Applicant and Mr. Patil, learned APP for Respondent, State. Perused record. 3) Mr. Solkar, submitted that, the co-accused namely Suraj Pramod Salve @ Bhurji (A. No. 3), who has been attributed with greater role than the Applicant has been released on bail by this Court by its Order dated 10th 1/3

DTG 16-Ia-4755-2025.doc November 2025. She submitted that, the role attributed to the Applicant is much lesser than attributed to Suraj Pramod Salve (A. No. 3) and therefore the Applicant is entitled to be released on bail on the ground of parity. 4) Mr. Patil, learned APP fairly conceded to the fact that, the Applicant is entitled to have parity with co-accused Suraj Pramod Salve @ Bhurji (A. No. 3).

5) Perusal of record indicates that, the role attributed to the Applicant is same and/or similar to that of Suraj Pramod Salve (A. No. 3) Salve. In fact the Applicant did not assault to PW No.1 with the wooden log. 6) In view of the above, we are inclined to suspend the sentence imposed upon the Applicant and release him on bail during the pendency of his Appeal.

7) Hence, the following Order :- [i] During the pendency of Appeal preferred by the Applicant, the sentence imposed upon the Applicant by the trial Court by its Judgment and Order dated 8th July, 2025, passed in Sessions Case No.1422 of 2019, is suspended and the Applicant is released on bail on his furnishing PR bond of Rs.50,000/- with one or two local sureties to make up the said amount. [ii] After his release from jail, the Applicant shall attend Mulund Police Station, Mumbai, on every first Monday of each month between 10.00 a.m. and 01.00 p.m. and mark his presence 2/3

DTG 16-Ia-4755-2025.doc initially for a period of one year and thereafter on every first Monday between 10.00 a.m. and 01.00 p.m. of every third calender month i.e. four times in a year till the disposal of Appeal.

[iii] Before his actual release from jail, the Applicant shall furnish his prospective residential address to the Mulund Police Station, Mumbai, so also to the trial Court.

[iv] Applicant shall also give his mobile phone number and/or landline phone number, on which he can be contacted by the police.

[v] Any two consecutive defaults in complying with the aforestated conditions will attract the provisions of cancellation of bail.

8) Application is allowed in the aforesaid terms. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 3/3