Rakesh Madanlal Lakhara v. State Of Maharashtra And ANR

DTG 21-Ia-803-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 803 OF 2026 IN CRIMINAL APPEAL NO. 1015 OF 2025 Rakesh Madanlal Lakhara ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Aniket Vagal a/w Adv. Savvy Kolhekar and Ms. Juhi Kadu for Applicant. Mr. J.P. Yagnik, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 23rd March 2026 P.C. :

1) This is an Application for suspension of sentence and releasing the Applicant, Original Accused No.1, on bail. 2) Applicant is convicted under Sections 363, 364-A, 387 and 302 read with Section 34 of the IPC and is sentenced to suffer imprisonment for life by the learned Additional Sessions Judge, Kalyan in Sessions case No.109 of 2010, by its Judgment and Order dated 31st July 2019. 3) It is an admitted fact on record that, since the date of his arrest i.e. 3rd February 2010, the Applicant is behind bars and as of today he has undergone approximately 16 years in incarceration. 1/3

DTG 21-Ia-803-2026.doc 4) In view of the guidelines issued by the Hon'ble Supreme Court in the case of Saudan Singh Vs. The State of Uttar Pradesh in Criminal Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021], dated 25th February 2022 and the view expressed in cases of (i) Suleman Vs. The State of Uttar Pradesh, Criminal Appeal No. 491 of 2022 (Arising out of SLP (Crl) No. 1451 of 2022) dated 25th March 2022 and (ii) Dinesh @ Paul Daniel Khajekar Vs. State of Maharashtra & Anr., Criminal Appeal No. 2987 of 2023 (Arising out of S.L.P. (Crl.) No. 10320 of 2023) dated 25th September 2023, the Applicant is entitled to be released on bail during the pendency of Appeal. 5) Hence, the following Order.

[i] Applicant shall be released on bail in Sessions Case No. 109 of 2010 arising out of C.R. No. I-29 of 2010 registered with Dombivali Police Station, District Thane, on his furnishing P.R. bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

[ii] After his release from Jail and during the pendency of the present Appeal, the Applicant shall attend Dombivali Police Station, District Thane, on every first Monday of the month between 10.00 am and 12.00 noon initially for a period of one year.

After end of one year, the Applicant shall attend Dombivali Police Station, District Thane, on every first 2/3

DTG 21-Ia-803-2026.doc Monday of the every 3rd Month between 10.00 a.m. and 12.00 noon. The Applicant thus shall attend Dombivali Police Station, District Thane, four times in a year during the pendency of the present Appeal.

[iii] In case of two consecutive defaults in complying with the aforestated conditions, the Prosecution is at liberty to file an Application for cancellation of bail.

[iv] Applicant shall inform his prospective residential address to the trial Court. Applicant shall keep informed the trial Court any change in his residential address and his mobile number, on which he can be contacted.

[v] Applicant shall make himself available at the time of final hearing of the Appeal.

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