6-APEAL-1288-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 3893 OF 2022 IN CR. APPEAL NO. 1288 OF 2022 Mukesh Raju Satam ...Applicant Versus State of Maharashtra ...Respondent —————— Ms. Pallavi S. Kante, Advocate for the Applicant / Appellant. Mrs. S. N. Deshmukh, APP for the Respondent - State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 30, 2026. P. C. : [I] ORDER IN CRI-INTERIM APPLICATION NO. 3893 OF 2022 : 1. This is an Application for suspension of sentence imposed by the learned Sessions Judge, Sindhudurg at Oros, in Sessions Case No.29/2017 vide Judgment and Order dated 11.02.2019, convicting and sentencing the Applicant / Appellant as follows : “[i] Accused Mukesh Raju Satam is hereby convicted as per Section 235 [ii] of Cr.P.C. for the offence punishable under Section 302 of IPC and he is sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- [Five thousand only], in default to suffer S.I. for six months. [ii] Accused Mukesh Raju Satam is hereby convicted as per Section 235 [ii] of Cr.P.C. for the offence punishable under Section 394 read with section 397 of IPC and he is sentenced to suffer Rigorous imprisonment for 7 years and to pay fine of Sameer 1 of 5 2026:BHC-KOL:9427-DB 6-APEAL-1288-2022.doc Rs.5,000/- [Five thousand only], in default to suffer S.I. for six months. [iii] …. …. …. …. …. …. …. …. …. …. [iv] …. …. …. …. …. …. …. …. …. …. [v] …. …. …. …. …. …. …. …. …. …. [vi] …. …. …. …. …. …. …. …. …. …. [vii] …. …. …. …. …. …. …. …. …. ….” 2. It is the case of the Prosecution that, the Applicant / Appellant, who is the maternal relative of the first Informant, had committed the murder of the paternal aunt of the Informant on 27.06.2017, when the Deceased was alone in the house of the Informant. The Informant and his parents had gone to the agricultural field. When the Informant came home around 04:00 p.m., he saw the Applicant / Appellant nearby his house, i.e. behind the house near the well. The Informant found his paternal aunt in dead condition in pool of blood inside the house. He raised hue and cry. The matter was informed to the Police and Crime No.33/2017 came to be registered with Vijaydurg Police Station for the offences punishable under Sections 394 of the Indian Penal Code, 1860 [hereinafter referred to as ‘IPC’]. During investigation, the offence punishable under Section 302 of IPC came to be added in the crime. On completion of investigation, the Applicant / Appellant came to Sameer 2 of 5 6-APEAL-1288-2022.doc be charge-sheeted, tried, convicted and sentenced by the learned Trial Court. 3. It is submitted by the learned Counsel for the Applicant / Appellant that, the case is based on circumstantial evidence. The circumstances against the Applicant / Appellant are the recovery / discovery of gold ornaments while he was in police custody, and the blood-stained clothes, wherein the human blood was found. She submits that, there is no evidence to link the Applicant / Appellant with the murder of the paternal aunt of the Informant. She submits that, the Applicant / Appellant is behind bars for a period of nine (09) years and three (03) months and there is no likelihood that, the Appeal would be heard in near future. She submits that, the Application be allowed. 4. The Application is opposed by the learned APP. She submits that, apart from the evidence of the Informant that, he saw the Applicant / Appellant near the place of incident, there is evidence of another witness, who saw the Applicant / Appellant going towards the house of Informant where the incident had taken place. She further submits that, the ornaments of the Deceased were discovered / recovered at the instance of the Applicant / Appellant. She submits that, the Applicant / Appellant has been identified by Sameer 3 of 5 6-APEAL-1288-2022.doc the witness before the learned Trial Court. She submits that, the Prosecution has proved the circumstances against the Applicant / Appellant. She submits that, the learned Trial Court has rightly passed the impugned Judgment and Order and the Application be rejected. 5. Undisputedly, the case of Prosecution is based on circumstantial evidence. According to the Prosecution, the two circumstances against the Applicant / Appellant are that, the gold ornaments of the Deceased were discovered / recovered at the instance of the Applicant / Appellant and the blood was found on the clothes of the Applicant / Appellant. As regards the gold ornaments, from the description of the ornaments mentioned in the charge-sheet and the muddemal list, it is seen that, the same are not matching with each other. As regards the blood found on the clothes of the Applicant / Appellant is concerned, the CA report shows that, it was human blood. There is nothing to show that, the blood of the Deceased was found on the clothes of the Applicant / Appellant. These aspects show that, the Applicant / Appellant is having arguable case on merits. The Applicant / Appellant is behind bars for a period of more than nine (09) years. There is no likelihood that, the Appeal would be finally heard in near future. In this view of the matter, we are inclined to pass the following order : Sameer 4 of 5 6-APEAL-1288-2022.doc ORDER [a] The Application is allowed. [b] The substantive sentence imposed by the learned Sessions Judge, Sindudurg at Oros, in Sessions Case No.29/2017 vide Judgment and Order dated 11.02.2019 on the Applicant / Appellant, is suspended during pendency of the Appeal. [c] Applicant - Mukesh Raju Satam be released on bail on furnishing P. R. Bond of Rs.15000/- (Rupees Fifteen Thousand Only) with one surety in the like amount. [d] The Applicant shall co-operate in early hearing of the Appeal. [e] Bail before the learned Trial Court. [f] Application stands disposed of accordingly. [II] ORDER IN CR. APPEAL NO. 1288 OF 2022 : 1. In view of the appearance of learned Counsel Ms. Pallavi S. Kante for the Applicant / Appellant, the appearance of learned Counsel Mr. Uday P. Warunjikar stands discharged. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Sameer 5 of 5