906-4148-2024-IA-Corrected=.doc (Corrected as per the speaking to minutes order dated 18.11.2025) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4148 OF 2024 IN CRIMINAL APPEAL NO. 630 OF 2024 Dhanaji Shivaji Katkar … Applicant Versus State of Maharashtra … Respondent ……….. Mr. Sagar Kasar a/w Sachin P. Patil for the applicant - accused no.2. Mr. Pankaj Deokar, APP for the respondent – State. ……….. Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : November 14, 2025. P. C. : 1. Heard Mr. Kasar, learned counsel appearing for accused no.2 and the learned APP for the respondent – State. 2. The applicant - accused no.2 is praying for suspension of sentence imposed by the judgment and order dated 20th July 2023 passed by the Additional Sessions Court, Vaduj, Satara in Sessions Case No. 5 of 2017. The accused no.2 along with another accused was Uday S. Jagtap 1 of 3 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2025.11.18 18:47:36 +0530 906-4148-2024-IA-Corrected=.doc convicted for the ofence punishable under Section 302 r/w 34 of the Indian Penal Code and sentenced to sufer Life Imprisonment and ine of Rs.10,000/-. The date of the ofence is 3rd June 2016. The FIR was registered on 4th June 2016. There are two accused. Bramhadeo Uttam Tupe is the deceased. It is briely stated by the prosecution that on 3rd June 2016, the complainant (brother of the deceased), his parents along with the deceased and the accused no.1’s children (deceased and accused no.1 were married) were present in the veranda of Uttam Tupe’s (father of deceased) house. There was heavy rain. At about 5.00 p.m. accused nos. 1 and 2 arrived and entered the house of the deceased. Both of them came out at 7.15 pm and accused no.1 came running towards the father in law’s house crying that her spouse Bramhadeo has committed suicide. The complainant and Sudam Lawand (son-in-law of the deceased’s uncle) rushed to ind Bramhadeo lying on the loor with his body face upward. All of the deceased’s parents and children arrived at the scene. Immediately thereafter, the accused no.2 left the spot by saying that he would get an ambulance but never returned. 3. Learned APP opposed the application for bail. Our attention is invited to the evidence recorded by the trial court. It is submitted by learned APP that considering the cogent indings recorded, it is not a Uday S. Jagtap 2 of 3 906-4148-2024-IA-Corrected=.doc it case for his release on bail. 4. The Criminal Appeal is of the year 2024. It is not possible for us to hear the appeal anytime soon in view of the pendency of the old criminal appeals. The case is based entirely on circumstantial evidence. It is pertinent to note that the applicant has undergone incarceration of more than 9 years and 5 months. In this view of the matter, we are inclined to suspend the sentence and enlarge the applicant on bail considering his long incarceration. 5. Accordingly, the sentence imposed on the applicant – Dhanaji Shivaji Katkar in Sessions Case No. 5 of 2017 by the Additional Sessions Judge, Vaduj, Satara is suspended till the inal decision of appeal. The applicant is enlarged on bail upon furnishing a P.R. bond in the sum of Rs.25,000/- with one or two sureties of like amount to the satisfaction of the trial Court. The applicant shall furnish his contact details viz. residential address and mobile number to the trial Court. The applicant shall attend to the trial Court once in 3 months on the irst Monday of the month. 6. The Interim Application is disposed of. [Ajit B. Kadethankar, J. ] [ M. S. Karnik ] Uday S. Jagtap 3 of 3