6-IA-1187-2024.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1187 OF 2024 IN CRIMINAL APPEAL NO.410 OF 2024 Salauddin @ Akash Manik Mondal ] Applicant Versus State of Maharashtra ] Respondent ….. Mr. Pranav Bhoite (through V.C.) a/w Mr. Tapan Thatte, for Applicant. Ms. S. N. Deshmukh, A.P.P, for Respondent – State. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ DATE : 19th NOVEMBER, 2025. ORAL ORDER: [PER M.S. KARNIK, J.]: 1. Heard Mr. Bhoite, learned Counsel for the applicant and Ms. Deshmukh, learned A.P.P, for respondent – State. 2. The date of ofence is intervening night of 11th July, 2020 and 12th July, 2020. The applicant was working as a Cook. The deceased was working as a Manager at Sourabh Beer Bar. One of the witnesses who was working as Waiter deposed that relations between the applicant and the deceased were strained. The applicant was arrested 1 of 4 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2025.11.19 19:40:41 +0530 6-IA-1187-2024.doc on 16th July, 2020. The applicant is in custody for more than ive years. 3. With the assistance of the learned Counsel for the applicant as well as the learned A.P.P, we have perused the evidence of the witnesses as well as the indings recorded by the Trial Court. The case is based completely on circumstantial evidence. It is alleged by the prosecution that the Trial Court has recorded the inding that the applicant has committed the ofence by killing the deceased with a butchers knife. The blood stained knife was recovered from the hotel. Evidence of the Investigating Oicer – P.W.13 is that it is spade that was used to kill the deceased. It was thrown in tin shed by the side of the hotel. However, evidence of one of the witnesses indicates that the butchers knife was found inside the kitchen. We have also perused the medical evidence on record. Cause of death is head injury. There are incised wounds reported which could be caused by the butchers knife. 4. Learned A.P.P vehemently opposed the suspension of sentence. It is submitted that materials on record are suicient to prove the guilt of the accused as has been rightly observed by the Trial Court. 2 of 4 6-IA-1187-2024.doc 5. No doubt, the Trial Court observed that unless complete chain of circumstances is shown to exist, mere last seen is insuicient for conviction. Son of the deceased had seen his father in the company of the applicant on 11th July, 2020 at 21.00 hours when he went to Sourabh Bar. Though Investigation Oicer has deposed that spade was used to kill the deceased, however, prosecution case proceeded on the footing that butchers knife was used as murder weapon. Though the spade was recovered from the applicant, the butchers knife was found lying at the spot. There is some discrepancy as to where the butchers knife was found. In our opinion, as the case rests only on circumstantial evidence, prima facie, we have some doubt as to whether the chain of circumstances is so complete as to lead to the only hypothesis regarding the guilt of the accused. We are inclined to suspend the sentence imposed by the Additional Sessions Judge, Solapur vide judgment and order dated 11th January, 2024 in Sessions Case No.120 of 2020 and enlarge the applicant on bail. Hence, the following order; :O R D E R : [a] The sentence imposed by the Additional Sessions Judge, Solapur in Sessions Case No.120 of 2020 against the applicant – Salauddin @ Akash Manik Mondal stands suspended. 3 of 4 6-IA-1187-2024.doc [b] The applicant - Salauddin @ Akash Manik Mondal is directed to be released on bail on his furnishing P.R bond in the sum of Rs.50,000/- with one or two sureties in the like amount. [c] The applicant shall report the Trial Court once in a month I.e every irst Monday of the month commencing from December, 2025. [d] The applicant shall furnish his residential and contact details to the Trial Court. [e] If the ine amount is not paid, the same shall be paid before releasing the applicant on bail. 6. The application stands disposed of. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] 4 of 4