1 6.appa.770.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.770 OF 2026 Bhanudas S/o Pandurang Atkare .Vs. State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. V.H. Pandey, Advocate for appellant. Ms. S.V. Kolhe, A.P.P. for respondent/State. CORAM : MEHROZ K. PATHAN, J. DATE : 01/10/2026 1. The application is for suspension of substantive sentence imposed upon the applicant by the judgment and order dated 03.09.2026 passed by the learned Additional Sessions Judge, Khamgaon, Dist. Buldhana. 2. The learned counsel for the applicant Mr. Pandey, submits that there is a serious lacuna in the case of the prosecution and there is a delay of about eight hours in registering the F.I.R.. The injured witness has not been examined by the prosecution. There are discrepancies in the testimony of the informant itself, which were not considered by the learned Trial Court. The discovery panchas, the seizure panchas have all turned hostile. Even then the learned trial Court has convicted the applicant on such weak evidence led by the prosecution. The applicant was on bail during trial. There are no allegations that the applicant has violated any of the conditions imposed upon by the learned trial Court while releasing on bail. The applicant is further ready to abide by any condition that may be imposed by this 2026:BHC-NAG:13167 2 6.appa.770.2026.odt Court. There are good grounds raised in the appeal. The appeal is already admitted and will take its own time for final disposal. Hence, the applicant may be released on bail by suspending the substantive sentence. 3. As against this, Ms. Kolhe, learned A.P.P., strongly opposed the bail application. The learned trial Court while convicting the applicant was also pleased to suspend the sentence and directing release of the applicant on bail to secure the necessary orders of the Appellate Court within the statutory period. The learned A.PP. objected the release of applicant on bail. He further submits that even though the injured was not examined, the injuries sustained are not necessary to be proved for establishing an attempt to commit murder. The informant was examined along with the Investigating Officer and the doctor who had confirmed the injury sustained by the injured witness. The prosecution has succeeded to establish a case, hence, the applicant was convicted under Section 307 of the IPC. The applicant has hardly undergone imprisonment as an under trial and there are good reasons stated in the judgment impugned. There is every likelihood that the appeal may be dismissed. The learned A.P.P. requests that the application be rejected and that the applicant be directed to undergo the remaining sentence. The applicant was arrested on 18.10.2014 and was released on 16.12.2014. The applicant if released on bail may threaten the complainant or her family members. Hence, this is not a fit case to release the applicant on bail. The application may be rejected. 3 6.appa.770.2026.odt 4. I have gone through the judgment and order dated 03.09.2026. I have also gone through the depositions of the witnesses. The learned Additional Sessions Judge, Khamgaon, Dist.Buldhana while convicting the applicant has also suspended the sentence vide order dated 03.09.2026. The applicant was on bail during trial. There are no allegations that the applicant has violated any condition. The appeal is already admitted and will take some time for final disposal. Hence, I am inclined to exercise discretion under Section 430 of the BNSS and pass the following order:- ORDER (a) The application is allowed. (b) The substantive sentence imposed upon the applicant vide judgment and order dated 03.09.2026 passed by the learned Additional Sessions Judge, Khamgaon, Dist.Buldhana in Sessions Trial No.111 of 2014 for the offence punishable under Section 307 of the I.P.C and imposing a sentence of three years rigorous imprisonment, is hereby suspended subject to the applicant furnishing P.R. bond of Rs.15,000/- with one solvent surety in the like amount. (c) The applicant shall attend the concerned Police Station once in every six months, commencing from 12.10.2026. 4 6.appa.770.2026.odt (d) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (e) 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. (f) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. (g) Application is disposed of accordingly. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 05/10/2026 18:26:36