1 10-apeal-515-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 515 OF 2026 Mahdev Khanduji Khiradkar Versus State of Maharashtra through Police Station Officer, Police Station Wadki, Tah. Ralegaon, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R.Fule, Appointed Advocate for the appellant. Shri Anant Ghogre, APP for the respondent/State. CORAM : MEHROZ K. PATHAN, J. DATED : 24th SEPTEMBER, 2026. Admit. Call for record and proceedings. Criminal Application (APPA) No. 745 of 2026. The application is filed by the appellant for suspension of substantive sentence for the offence punishable under Section 304 Part II of Indian Penal Code, thereby directing to suffer rigorous imprisonment for three years and to pay a fine of Rs.1000/- and in default to suffer further simple imprisonment for six months. SKNair 2026:BHC-NAG:12895 2 10-apeal-515-26.odt 2. Shri Fule, learned counsel for the applicant submits that the applicant is having good case on merits. There are serious discrepancies and material contradictions in the evidence led by the prosecution, resulting in significant variance with each other. The applicant was on bail during trial. The applicant was arrested on 08.07.2020 and was released on bail on 30.07.2020. The applicant has complied with all the conditions while the applicant was released on bail. The applicant is further ready to abide any conditions as imposed by this Court. The appeal is admitted and takes its own time for final disposal. Hence, applicant may be released on bail by suspending the substantive sentence. 3. As against this, Shri Ghogre, learned Additional Public Prosecutor strongly opposed to the release of the applicant on bail. He further submits that a detailed reasoned order is passed by the learned trial Court thereby relying upon the testimony of various witnesses. The learned Trial Court has also found the applicant guilty of the offence of culpable homicide not amounting to murder. However, if the applicant is released on bail for the offence punishable under Section 304 Part-II of the Indian Penal Code, there is a likelihood that he may abscond, SKNair 3 10-apeal-515-26.odt thereby defeating the ends of justice. Therefore, he prays for rejection of the application. 4. I have gone through the judgment dated 28.08.2026 as well as testimony of witnesses relied upon by the prosecution like Shri Jagdish Dhumane, MSEB Official and Shri Rajendra Mohta as Police Patil. There are good grounds raised in the appeal. Arguable case is made out and hence the appeal is already admitted. The applicant was released on bail during trial on 30.07.2020 and there are no allegations that the applicant has misused any of the conditions imposed by the trial Court. The substantive sentence was already suspended by the trial Court while pronouncing the judgment of conviction, as the offence is punishable below three years of imprisonment. Thus, I am inclined to exercise discretion under Section 430 of the BNSS to release the applicant on bail by suspending the sentence. Hence, the following order. ORDER i. The criminal application is allowed; ii. The substantive sentence imposed upon the Applicant by the learned Convicting Court, viz., to suffer Rigorous Imprisonment for three years and to pay a fine of Rs.1,000/-, and in default thereof to suffer Simple Imprisonment for six months for the offence punishable SKNair 4 10-apeal-515-26.odt under Section 304 Part II of the Indian Penal Code, passed by the learned Sessions Judge, Yavatmal vide judgment dated 28.08.2026 in S.C. No. 102 of 2021, is hereby suspended subject to the condition that the applicant on furnishing the P.R.Bond of Rs.25,000/- with one or two solvent sureties in the like amount. iii. The applicant shall attend the concerned Police Station once in every six months, commencing from 05.10.2026. iv. The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. v. The applicant shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives vi. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. vii. Application is disposed of accordingly. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 29/09/2026 18:39:17