11-IA-266-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 266 OF 2026 IN CR. APPEAL NO. 1281 OF 2022 Rajendra Damodar Rupnawar ...Applicant Versus The State Of Maharashtra ...Respondent —————— Ms. Vrushali Maindad a/w Gayatri Kulkarni for the Applicant. Dr. A. A. Takalkar, APP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : October 08, 2026. P. C. : 1. This is an application for suspension of sentence imposed by the learned Sessions Judge, Solapur, in Sessions Case No. 257 of 2018, by Judgment and Order dated 1st December, 2018, thereby convicting and sentencing the Applicant as follows: 1] All the accused are hereby convicted of the ofence PUS 302 rws 149 of the Indian Penal Code under Section 235 (2) of Code of Criminal Procedure, 1973 and are sentenced to sufer Life Imprisonment and to pay ine at Rs.500/-, in default of payment of which each of them shall have to undergo RI for three months. 2] All the accused are hereby convicted of the ofences PUS 143, 144, 147, 148, 323, 324 and 506 rws 149 of the IPC and an ofence U/s.5 PUS 25 of Arms Act under Section 235 (2) of Code of Criminal Procedure, 1973 but no separate sentence is inlicted in Harish 1 of 4 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2026.10.08 19:26:53 +0530 11-IA-266-2026.doc respect of the same. 2A] ….. ….. ….. ….. ….. ….. ….. ….. …..” 3] ….. ….. ….. ….. ….. ….. ….. ….. …..” 4] ….. ….. ….. ….. ….. ….. ….. ….. ….. 5] ….. ….. ….. ….. ….. ….. ….. ….. …..” 6] ….. ….. ….. ….. ….. ….. ….. ….. …..” 7] ….. ….. ….. ….. ….. ….. ….. ….. …..” 8] ….. ….. ….. ….. ….. ….. ….. ….. …..” 9] ….. ….. ….. ….. ….. ….. ….. ….. …..” 2. The case of the prosecution in brief, as can be seen from the impugned Judgment, is as under. The relevant paragraphs from the same are reproduced below. “2] The alleged ofences have taken place on 04/11/2016 at about 7.30 am in front of the house of the deceased Ashok at Hanumanwadi (Kurbavi), Taluka Malshiras, District Solapur. 3] The case of the prosecution is that prior to the date of the incident, the accused demanded sale of 11 Ares of land of the deceased Ashok to them, which Ashok refused. Accused therefore nurtured grudge against Ashok. On 04/11/2016 at about 7.30 a.m. in the Courtyard, while Suvarna, wife of the deceased Ashok was warming water on the earthen furnace and while the deceased Ashok had come outside the house to milk the cow the accused No.1 Sanjay Rupnawar (for short A1..A2 and so on ) and A2 Sachin Rupnawar armed with sickle, A4 Rajendra Rupnawar, A5 Appa Rupnawar armed with Swords, A3 Dada Rupnawar and Juvenile in Conlict with Law (JICWL) Santosh Rupnawar armed with sticks, and JICWL Kuldeep Rupnawar holding stones arrived there. All the accused assaulted on head, back, thigh and both hands of Ashok. Although Suvarna attempted to rescue her husband A6 Fulabai, A7 Latabai, A8 Ashabai, and A9 Vandanabai dragged her and also assaulted by ist and kick blows. People gathered on hearing hullabaloo. That time A1 Sanjay Rupnawar and Harish 2 of 4 11-IA-266-2026.doc A5 Appa Rupnawar brandished Sickle and Sword. They threatened to amputate hand and legs like Ashok in case anybody would give evidence against the accused. It is only thereafter the accused went in the ield. Sarjerao Rupnawar (PW1), Prakash Rupnawar (PW5), his wife Savita and son Amit Rupnawar came at the scene of occurrence. Amit Rupnawar and Sarjerao brought Omni car on rent and took Ashok for treatment at Inamdar Hospital, Akluj. She was informed by her cousin Dada Ramchandra Rupnawar that Ashok breathed his last during treatment. Thereafter, she approached Natepute police station to report the occurrence against the accused. However she was referred to Akluj police station where she lodged FIR Exh.55. Akluj police station referred FIR to Natepute police station where crime bearing No.262/2016 came to be registered against the accused in respect of supra ofences.” 3. It is submitted by the learned counsel for the Applicant that, the co-accused, Appa Damodar Rupnawar, to whom the role of assault by a sword has been attributed, has been released on bail by this Court after suspending his sentence on the ground of long incarceration. She further submits that, the role attributed to the Applicant/Appellant is similar to the role attributed to the said co-convict, Appa. She submits that on the ground of parity, the application be allowed. 4. The learned APP opposes the application. However, she submits that there is no dispute that, the Applicant has been behind bars for a period of nine (9) years. 5. Perusal of the order dated 14th October, 2025 passed by this Court in Interim Application No. 2913 of 2025 iled in this Appeal goes to show that, in view of the Judgment of the Hon’ble Supreme Court in Saudan Singh v. The State of U.P., [Criminal Appeal No. 308 of 2022 Harish 3 of 4 11-IA-266-2026.doc arising out of SLP (Crl.) No. 4633 of 2021, dated 25th February, 2022], this Court, by considering that the co-convict Appa was behind bars for almost ten (10) years, allowed the application and granted bail. The Applicant herein has completed nine (9) years of imprisonment. There is no possibility that the Appeal will be heard inally in the near future. Thus, we proceed to pass the following order: ORDER i. Application is allowed. ii. The substantive sentence of imprisonment imposed by the Trial Court by the Judgment and order dated 1st December, 2018 convicting the Applicant is suspended during the pendency of the Appeal. iii. The Applicant be enlarged on bail on his furnishing P.R. bond in the sum of Rs.50,000/- with one or more sureties in the like amount. iv. The Applicant shall furnish his contact details, telephone numbers to the trial Court. v. The Applicant/Appellant shall co-operate with this Court for early hearing of the Appeal. vi. Bail before the Trial Court. 6. The Application stands disposed of accordingly. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Harish 4 of 4