24-IA-126-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 126 OF 2026 IN CR. APPEAL NO. 94 OF 2026 Narendra Santosh Salvi ...Applicant Versus The State Of Maharashtra And Another ...Respondents —————— Mr. Shreyash S. Butala a/w Mr. Mandar S. Khambete Advocate for the Applicant Dr. Ashvini A. Takalkar, Addl. PP for the Applicant / Appellant – State —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 28, 2026. P. C. : 1. This is an Application for suspension of sentence imposed by the learned Additional Sessions Judge, Khed, Tal- Khed, District Ratnagiri in Sessions Case No. 4 of 2018 by Judgment and Order dated 30.10.2025, thereby convicting and sentencing the Applicant as follows: 1. Accused No.1 Abhijit Sudhakar Jadhav, No.2 Narendra Santosh Salvi and No.3 Akshay Vishnu Shigvan are convicted of the offences punishable under Section 302, 397,201, 120-B rws 34 of the Indian Penal Code vide Section 235(2) of the Code of Criminal Procedure. 2. The accused No.1 to 3 shall undergo life imprisonment for the offence committed u/s 302, 201 and 120-B r.w.s.34 of IPC and fine of Rs.5,000/- (Rs. Five thousand only) each. They shall suffer simple imprisonment for three months in default of fine. Sameer 1 of 5 2026:BHC-KOL:9291-DB 24-IA-126-2026.doc 3. The accused No.1 to 3 shall undergo Rigorous imprisonment for seven years for the offence committed u/s 397 r.w.s.34 of IPC and fine of Rs.5,000/- (Rs. Five thousand only) each. They shall suffer simple imprisonment for three months in default of fine. 4. ….. ….. ….. ….. ….. ….. ….. ….. …..” 5. ….. ….. ….. ….. ….. ….. ….. ….. …..” 6. ….. ….. ….. ….. ….. ….. ….. ….. …..” 7. ….. ….. ….. ….. ….. ….. ….. ….. …..” 8. ….. ….. ….. ….. ….. ….. ….. ….. …..” 9. ….. ….. ….. ….. ….. ….. ….. ….. …..” 10. ….. ….. ….. ….. ….. ….. ….. ….. …..” 2. It is submitted by the learned Counsel for the Applicant / Appellant that, the co-convicts are already enlarged on bail by this Court after suspension of their sentence. The only circumstance against the Applicant / Appellant is that, the knife was discovered and seized at his instance. He submits that, the evidence under Section 27 of the Indian Evidence Act, 1872, is not trustworthy, as the evidence of the panch witness to the discovery and recovery does not inspire confidence. He circulated across the bar a copy of the order by which two convicts are released on bail on suspension of their sentence. He submits that, the Application be allowed on the ground of parity. 3. The Application is opposed by the learned APP. She submits that, the weapon used in the crime was discovered and seized at the instance of the Applicant / Appellant. The human blood was found on the knife as well as on the clothes of the Applicant / Appellant. However, she does not dispute that, the co-convicts are enlarged on bail by this Court. Sameer 2 of 5 24-IA-126-2026.doc 4. The prosecution's case, in brief, is that on 30.10.2017, the convicts approached the deceased Rajaram, who was driving the three-wheeler, with a request to ferry the passengers who were waiting at village Tondali, and requested him to accompany them. Later on, the dead body of said Rajaram was found. The matter was reported to the police. The C.R. No. 47 of 2017 came to be registered with Mandangad Police Station for the offences punishable under Sections 302, 397, 201 and 120-B of the Indian Penal Code, 1860. 5. Perusal of the order dated 14.07.2026 passed in Interim Application No.3676/2025 and order dated 10.09.2026 passed in Interim Application No.404/2026 shows that, the co-convicts, namely, Abhijit Sudhakar Jadhav and Akshay Vishnu Shigvan, had filed Applications for suspension of sentence and after hearing both the sides, this Court allowed both the Applications and released them on bail by suspending their sentence. 6. The case is based on circumstantial evidence. One of the circumstances is that, the deceased accompanied the convicts. It is not in dispute that, the evidence of last seen is against all the convicts. The co-convicts are already granted bail by suspending their sentence. The additional circumstance against the Applicant / Appellant is discovery / recovery of the knife. Sameer 3 of 5 24-IA-126-2026.doc 7. The observations in Paragraph No.44 of the Judgment passed by the learned Trial Court goes to show that, blood group of ‘A’ was found on the knife, and the blood group of the deceased as well as the Applicant / Appellant both is also ‘A’. Thus, there is no conclusive evidence to show that, the blood on the knife was that of Deceased only. Therefore, the said discovery / recovery may not be relevant. If the said circumstance is discarded, the Applicant / Appellant stands on the same footing as that of co-convicts, who are granted bail. The Applicant is behind bars for a period of eight (08) and ten (10) months. The Appeal is of the year 2026 and is not likely to be heard finally in the near future. Thus, on the ground of parity, we allow the Application and proceed to pass the following order : ORDER a) The Application is allowed. b) The substantive sentence imposed by the learned Additional Sessions Judge, Khed, Tal- Khed, District Ratnagiri in Sessions Case No. 4 of 2018 by Judgment and Order dated 30.10.2025 on the Applicant/Appellant, is suspended during pendency of the Appeal. c) Applicant - Narendra Santosh Salvi be released on bail on furnishing P. R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount. d) The Applicant/Appellant, before to his release, shall provide details of his residential address and mobile/landline contact numbers to the jail authorities which shall be forwarded to the concerned Police Station. Sameer 4 of 5 24-IA-126-2026.doc e) The Applicant/Appellant shall report to the concerned police station, i.e., Mandangad Police Station, once a month, on the last day of month, between 10:00 a.m. and 2:00 p.m., until further orders. f) The Applicant/Appellant shall co-operate with this Court for early hearing of the Appeal. g) Bail before the Trial Court. 8. The Application stands disposed of accordingly. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Sameer 5 of 5