Bhogale 308.ia-3551-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3551 OF 2023 IN CRIMINAL APPEAL NO.19 OF 2017 WITH INTERIM APPLICATION NO.3595 OF 2024 IN CRIMINAL APPEAL NO.19 OF 2017 Daulat Pandurang Kadalag … Applicant Versus The State of Maharashtra .… Respondent **** Adv. Abhijeet Joshi, for the applicant/appellant. Mr. A. A. Palkar, APP for the respondent-State. **** CORAM : M. S. KARNIK & S. M. MODAK, JJ. DATE : 10th JULY 2026 P.C. : 1. Heard Mr. Joshi, learned counsel for the applicant and learned APP for the State. 2. The applicant was convicted by the Additional Sessions Judge, Khed-Rajgurunagar, District Pune on 02/04/2016 for the offence punishable under Section 302 of the Indian Penal Code. The sentence imposed was life imprisonment and a fine of Rs. 3,000/-. The applicant was an under-trial prisoner. Now, he is 1 2026:BHC-AS:28282-DB Bhogale 308.ia-3551-2023.odt seeking suspension of sentence and bail on the ground that he is behind bar for more than ten years and that there is no likelihood of the appeal being heard in the near future. The charge against him was that he had committed the murder of his wife, namely, Surekha Daulat Kadalag, by pouring kerosene on her person from a stove and setting her ablaze. It is submitted that the case is based on circumstantial evidence. Even though it may be found that the nominal roll is not on record, from the judgment we can gather that he is behind bar since 12/03/2012. Thus, more than fourteen years have elapsed. The observations in the case of Saudan Singh vs. State of Uttar Pradesh1 are applicable to the present case. The charge is that he committed the murder of his own wife. The case for suspension of sentence on account of the appeal not being heard for ten years is made out. Hence, the following order :- O R D E R (i) The application is allowed. (ii) The substantive sentence imposed by the Court of Additional Sessions Judge, Khed-Rajgurunagar, District Pune in Session Case No.137 of 2014 on 1 2022 SCC OnLine SC 697 2 Bhogale 308.ia-3551-2023.odt 02/04/2016 is suspended during the pendency of this appeal. (iii) The applicant shall furnish a personal bond and a surety bond of Rs.25,000/- each, to the satisfaction of the Trial Court. (iv) The applicant shall report to the Chakan Police Station on first Monday of the months of September, January and May between 10:00 a.m. and 12:00 noon, until the disposal of the appeal. (v) The applicant shall furnish his contact details and residential address to the Trial Court. (vi) The applicant shall cooperate during the hearing of the appeal. (vii) The applicant be released from jail if not required in any other case. 3. The interim applications are disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) 3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 10/07/2026 18:05:28