322-APEAL-795-2017(1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2703 OF 2026 IN CRIMINAL APPEAL NO. 795 OF 2017 Sameer Ramchandra Kharkar ...Applicant Versus The State of Maharashtra ...Respondent Mr. Gaurav Bhawnani a/w Mr. Fardin Shaikh h/f Khan Abdul Wahab for the Applicant. Mrs. M.M.Mhatre, A.P.P for the Respondent-State. CORAM : M. S. KARNIK & SANDESH D. PATIL JJ. DATE : 21 st AUGUST, 2026 P.C. : 1. Heard learned Counsel for the applicant. 2. This is an application for suspension of sentence enlarging the applicant on bail. The application is opposed by the learned APP. Wakodikar 1/5 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.08.21 19:12:52 +0530 322-APEAL-795-2017(1).doc It is the submission of the learned APP that instead of enlarging the applicant on bail, the appeal be heard finally. 3. It is not possible to hear the appeal finally considering the pendency of the matter for final hearing. 4. The date of the offence is 23rd April, 2015. It is alleged that the applicant committed assault with the knife. There are multiple injuries. The prosecution case is that on 23rd April, 2015, at about 10.00 p.m., the informant and others heard sound from the house of the deceased. The informant by climbing on the neighboring room saw through the window that the accused was coming down from the stairs of the house. When the informant and other people entered the house, the accused was found hiding in the bathroom. Upon going upstairs, the deceased was found lying dead. The alleged incident was took place at about 9.30 p.m. 5. The applicant was convicted by the Trial Court on 14th Wakodikar 2/5 322-APEAL-795-2017(1).doc September, 2017 for the offence under Section 302 and Section 452 of the Indian Penal Code. 6. The learned Counsel appearing for the applicant submits that there is no eye-witnesses. It is submitted that the applicant has discharged his burden under Section 106 by explaining facts which was within his exclusive knowledge. Learned Counsel for the applicant submitted that the accused and the deceased were in the relationship and at the relevant time, the deceased had abused the applicant and his sister by uttering filthy language and abused his sister and that this provocation resulted in him losing his self-control resulting in assault. Alternatively, the learned Counsel for the applicant submitted that this case is fall under Section 304(ii) of the Indian Penal Code and not under Section 302 of the Indian Penal Code. 7. The applicant is now in custody for more than 11 years and 3 months. In the light of the principles enunciated in Saudan Wakodikar 3/5 322-APEAL-795-2017(1).doc Singh Vs. State of Uttar Pradesh, 2022 SCC Online SC 697 we are inclined to suspend the sentence and enlarge the applicant on bail. 8. In the facts and circumstances, we enlarge the applicant on the bail on the following terms and conditions: ORDER (I) The sentence imposed by the Trial Court in Sessions Case no. 718 of 2015 shall stand suspended during the pendency of the Appeal. (ii) The Applicant – Sameer Ramchandra Kharkar shall be released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties of the like amount. (iii) The Applicant shall report once in two months to the Police Station where the crime was registered. The said reporting shall be on 1st Monday of the month when the reporting is due. Wakodikar 4/5 322-APEAL-795-2017(1).doc (iv) The Applicant shall give his address, mobile number to the Police Inspector of the Police Station where the crime was registered and in case of any change thereof, same shall also be intimated to the said Police Officer. (v) The Applicant shall remain present before this Court, as and when the matter is taken up for hearing. (vi) The Interim Application is disposed of accordingly. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 5/5