Narayan Yajindar Bhosale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 664 OF 2026 IN APPEAL NO. 436 OF 2017 Narayan Yajindar Bhosale ... Applicant

Versus

The State of Maharashtra ... Respondent __________________________ Mr. Anoop Lahote (through VC) for the Applicant. Mr. A. A. Palkar, APP for the Respondent-State. __________________________

CORAM

: M. S. KARNIK AND S. M. MODAK, JJ.

DATED : 12 th JUNE, 2026.

P.C. :

1.

Heard learned counsel for the applicant and learned APP. 2.

This is an application for bail through jail. However, learned counsel now appears and submits that he is instructed to appear on behalf of the applicant-original accused No.1.

3.

The applicant-original accused No.1 was convicted by the trial Court for the offence punishable under Sections 302 of the Indian Penal Code causing the death of his daughter Simran @ Mungadi by pouring kerosene on her and setting her on fire. The applicant is now seeking bail. 4.

It is the prosecution case that Simran @ Mungadi had performed love marriage. Due to this, the applicant was demanding money from his Amk 1/4

daughter Simran and her husband as according to him, it was a custom in their community that at the time of daughter's marriage, the father of the daughter is given money. Some amount was given by Simran and her husband to her father i.e. the applicant but the applicant was demanding more money, specially in view of the fact that it was an inter-caste marriage. On 25th February, 2014 at about 7.00 a.m., the applicant came to the matrimonial house of his daughter Simran and poured kerosene and set her on fire. All these facts are stated by Simran in her dying declaration, Exhibit 48 which was recorded by PW 8 PSI Tadakhe. Simran sustained 97% burn injuries and died on account of the same. 5.

By an Order dated 18th July, 2017, the application for bail was rejected by this Court as this Court was not inclined to grant bail considering that the dying declaration Exhibit 48 clearly shows the involvement of the applicant in the crime. This appeal is of the year 2017. The applicant is in custody for more than 12 years. It may not be possible for us to hear the appeal finally on priority considering the much older matters which are pending.

6.

Learned APP opposed the application stating that the offence is serious in nature.

7.

In such view of the matter, following the dictum of the Hon'ble Supreme Court in Saudan Singh Vs. State of Uttar Pradesh, 2022 SCC Amk 2/4

Online SC 697 and Suleman Vs. State of Uttar Pradesh in Misc. Application No. 764 of 2022 dated 15th September, 2022, we are inclined to enlarge the applicant on bail considering the facts and circumstances of the present case.

8.

Hence, the following Order:- (i) The sentence imposed by the trial Court in Sessions Case No. 458 of 2014 in respect of the applicant-original accused No.1Narayan Yajindar Bhosale is suspended during the pendency of the appeal.

(ii) The applicant-original accused No.1-Narayan Yajindar Bhosale is enlarged on bail in Sessions Case No. 458 of 2014 arising out of FIR No. 81/2014 registered with Shirur Police Station, District Pune on his furnishing P. R. bond of Rs.25,000/- with one or more solvent local sureties in the like amount.

(iii) After his release from Jail and during the pendency of the present Appeal, the applicant shall attend Shirur Police Station, District Pune on every first day of every 3rd month commencing 1st July, 2026 between 10.00 a.m. and 12.00 noon. (iv) The applicants shall remain present at the time of final hearing.

Amk 3/4

(v) The applicants shall furnish his residential address and contact details to the trial Court as well as Shirur Police Station. (vi) In case of two consecutive defaults in attendance, prosecution is at liberty to file an application for cancellation of bail. 9.

The Interim Application is allowed in the aforesaid terms and disposed of.

(S. M. MODAK, J.) (M. S. KARNIK, J.) Amk 4/4