12 Ia-1480-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1480 OF 2024 IN CRIMINAL APPEAL NO. 465 OF 2017 Somnath Haridas Kamble. ...Applicant. Versus The State of Maharashtra. ...Respondent. —————— Mr. Umesh Pawar for Applicant. Ms. S. N. Deshmukh, APP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 10, 2025. P. C. : 1. Heard learned Counsel for the Applicant. 2. This criminal appeal is of the year 2017. Application is iled seeking suspension of sentence and bail during the pendency of appeal. 3. CR No. 163 of 2014 was registered with MIDC, Police Station, Solpaur on 25th August 2014. It is alleged that the Applicant assaulted victim with sickle on diferent parts of body. The date of incident is 25th August 2024. The Applicant was arrested on 6th September 2014. The daughter of victim is the eye-witness. Learned Trial Court convicted Applicant for ofence punishable under Section 302 of Indian Patil-SR 1 of 3 12 Ia-1480-2024.doc Penal Code, 1860 and sentenced him to sufer imprisonment for life. 4. The Applicant is now in custody for more than 11 years and 4 months. 5. Learned APP vehemently opposed the application for bail. It is submitted that merely because the Applicant has undergone more than 10 years’ imprisonment is no ground to suspend the sentence and grant bail if otherwise the ofence proved against the Applicant is of grave and heinous nature. In order to demonstrate that this is not a it case for enlarging the Applicant on bail, our attention is invited to the number of injuries sufered by the deceased. Learned APP submitted that the appeal itself can be heard inally. 6. We do appreciate the submission of learned APP that there are as many as 14 injuries sufered by the victim. The cause of death is hemorrhage in head. It is submitted by learned APP that the Applicant was attracted to the victim and insisting that she should be in a relationship with him. As the victim was refusing his advances, the Applicant, in a it of anger committed the ofence. 7. Considering the pendency situation of appeals in this Court, the present appeal may take some time to be taken up for inal hearing. 8. The Applicant is in custody for more than 11 years. We are inclined to suspend the sentence and enlarge him on bail during the pendency of appeal. Patil-SR 2 of 3 12 Ia-1480-2024.doc 9. In the light of above, we pass following order. [a] The sentence imposed on Applicant by learned Additional Sessions Judge, Solapur vide judgment and order dated 10th March 2017 in Sessions Case No. 353 of 2014 shall remain suspended till the inal disposal of Criminal Appeal No. 465 of 2017. [b] The Applicant be released on furnishing PR bond in the sum of Rs. 25,000/- with one or more solvent sureties of like amount in connection with Sessions Case No. 353 of 2014. [c] Till the disposal of criminal appeal, the Applicant shall report to the Trial Court on the 1st Monday of every month commencing from January 2026. [d] Learned Counsel for the Applicant submitted that the Applicant shall not enter the municipal limits of Solapur city till further orders. Statement accepted. [e] The Applicant shall attend this Court when the appeal is listed for inal hearing. 10. Application stands disposed of. [Ajit B. Kadethankar, J.] [M. S. Karnik, J.] Patil-SR 3 of 3