ssm 12-ia4189.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4189 OF 2025 IN CRIMINAL APPEAL NO. 1099 OF 2025 1) Vijay Prabhakar Pingale 2) Vishal Prabhakar Pingale …..Applicant Vs. The State Of Maharashtra …..Respondent ____________________________________ Mr. Vaibhav D. Kadam a/w Mr. Aditya A. Thorat, Mr. Rayyan Shah and Ms. Vedika Bhoir for the Applicants. Smt. P.P. Shinde APP, for the Respondent-State. ____________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 4th MARCH, 2026. P.C.:- 1) This is an Application for suspension of sentence and releasing the Applicants on bail, during the pendency of Appeal. 2) Heard Mr. Kadam, learned counsel for the Applicants and Smt. Shinde, learned APP for the State. Perused record. 3) Applicants are convicted under Sections 307 and 506 read with 34 of the Indian Penal Code and are sentenced to suffer life imprisonment by the learned Additional Sessions Judge, Nashik in Sessions Case No.330 1/3 ssm 12-ia4189.2025.doc of 2018. 4) PW No.2 is the victim. PW No.2 in his testimony has deposed that, on 8th March, 2015, when he was returning after attending Shiv Jayanti Mahotsav at Meherdham along with his friends Mr. Sunil Shinde and Rahul Pawar, at about 10.45 p.m., near HP Godown, due to earlier enmity, the Applicants waylaid his motor-cycle and started abusing him. Applicant Vijay was having a sword in his hand and Applicant Vishal was having a wooden log. Both the Applicants assaulted PW No.2. They also assaulted Mr. Rahul Pawar (PW No.1) who was accompanying PW No.2. 5) PW No.7, the Doctor who examined PW No.2 victim, has deposed that, the victim suffered following injuries:- i) Frontal of lt. Ulna shaft, comminuted and compound with sharp cutting wound on dorsum of Lt. Forearm size approximately 10cm x 5cm bone dump with completely torn extensor tendons. ii) Sharp cutting wound on dorsum of Lt. Hand of size a) 6 cm x 2 cm x tendon clw tendon injuiry b) 4 cm x 2 cm x tendon. iii) Compound comminuted fracture of Lt. Olecranon process of ulna with frontal of lateral humorous condoyle Rt with an open wound of size 10 mm x 6 mm x bone clw. iv) Head injury with frontal of skull bone with intracranial bleed. 2/3 ssm 12-ia4189.2025.doc v) Multiple sharp wounds on Rt. Ear, Rt. Temporal region + posterior occipital region. vi) Fracture of Rt. Acromion process of scapula with deep wound on Rt shoulder of size 15 cm x 2 cm x bone clw. 5.1) He has further deposed that, all the injuries were grievous and fresh. He has categorically deposed that, it was possible that if the patient was not treated within time he could have lost his life due to these injuries. 6) The weapon used by Vijay has been duly identified by the victim while recording his evidence. 7) It is the trite position of law that, at the time of considering an Application for bail, in an Appeal the re-appreciation of entire evidence on record is not necessary. After perusing the record prima facie we find that, the Applicants are the authors of the crime in question. There is sufficient evidence on record to indict them. We are of the prima faice view that, the trial Court has not committed any error while convicting the Applicants. 8) In view of the above, we are not inclined to release the Applicants on bail at this stage. 9) Application is accordingly dismissed. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 3/3 SANJIV SHARNAPPA MASHALKAR Digitally signed by SANJIV SHARNAPPA MASHALKAR Date: 2026.03.10 12:44:42 +0530