8-CRIA-1506-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 1506 OF 2025 IN CR. APPEAL NO. 754 OF 2023 Nandkumar Babaji Tandel ...Applicant. Versus The State Of Maharashtra ...Respondent. —————— Mr. Rohan Surve (through VC), Advocate for the Applicant Mr. S. H. Yadav, APP for the Respondent - State —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 11, 2026. P. C. : 1. This is an Application for suspension of sentence imposed by the Additional Sessions Judge, Chiplun, in Sessions Case No.42/2020, by Judgment and Order dated 06.05.2023, convicting and sentencing the Applicant – Appellant as follows : 1) Accused Nandkumar Babaji Tandel is hereby convicted under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 302 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 10,000/- (Rs. Ten thousand only) in default to suffer simple imprisonment for 06 six months. 2) Accused Nandkumar Babaji Tandel is hereby further convicted under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 307 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for 10 years and also to pay fine of Rs. 5,000/- (Rs. Five thousand only) to suffer simple in default imprisonment for 03 three months. Sameer 1 of 3 2026:BHC-KOL:8811-DB 8-CRIA-1506-2025.doc 3) Accused Nandkumar Babaji Tandel is hereby further convicted under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 452 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for 3 years and also to pay fine of Rs. 3,000/- (Rs. Three thousand only) in default to suffer simple imprisonment for 02 two months. 4) …. ….. …… ….. …… ….. …… ….. …… 5) …. ….. …… ….. …… ….. …… ….. … 6) …. ….. …… ….. …… ….. …… ….. …… 7) …. ….. …… ….. …… ….. …… ….. …… 8) …. ….. …… ….. …… ….. …… ….. …… 9) …. ….. …… ….. …… ….. …… ….. ……” 2. This is the second Application by the Applicant – Appellant for suspension of sentence. This Court, by order dated 16.01.2024 in Interim Application No.2420/2023 permitted withdrawal of the Application with liberty to file a fresh Application, if the Appeal is not taken up for final hearing within a period of one (01) year. 3. Heard both the sides. 4. The period of two (02) years has passed from the said order of this Court. The Applicant – Appellant is behind bars for a period of more than eight (08) years. The Appeal is of 2023 and may take some time for final hearing. Hence, on the ground of long incarceration, we proceed to pass the following order : ORDER [a] The Application is allowed. [b] The substantive sentence imposed by the Additional Sessions Judge, Chiplun, in Sessions Case No.42/2020, by Judgment and Sameer 2 of 3 8-CRIA-1506-2025.doc Order dated 06.05.2023 on the Applicant / Appellant, is suspended during pendency of the Appeal. [c] Applicant - Nandkumar Babaji Tandel be released on bail on furnishing P. R. Bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount. [d] The Applicant shall co-operate in early hearing of the Appeal. [e] Bail before the learned Trial Court. [f] Application stands disposed of accordingly. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Sameer 3 of 3