1 16-IA-399-2026 (CR) AW IA-401-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 399 OF 2026 IN CR. APPEAL NO. 162 OF 2026 Mukund Krishna Pol …........Applicant VERSUS State Of Maharashtra And Anr. ….......Respondents WITH CRI-INTERIM APPLICATION NO. 401 OF 2026 IN CR. APPEAL NO. 164 OF 2026 1. Avadhut Krishna Pol 2. Krishna Mahadu Pol 3. Dattatray Krishna Pol …........Applicants VERSUS State Of Maharashtra And Anr. ….......Respondents ----- Mr. Maner Taher Isaalli a/w Adv. Maner Sahil Taher, for Applicants in both applications. Mr. Nitin B. Patil, APP, for the Respondent-State in IA/399/2026. Ms. Madhavi H. Mhatre, APP, for the Respondent-State in IA/401/2026. ----- CORAM : MEHROZ K. PATHAN, J. DATE : 27th JULY, 2026. P.C. 1. Heard learned counsel for the Applicants and learned APP for the Respondent-State. 2. By these Applications, the Applicants have approached this Court for seeking suspension of sentence imposed by the learned Additional Sessions Judge, Satara, vide Judgment and Order dated 12/06/2026 in Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.07.28 14:51:07 +0530 2 16-IA-399-2026 (CR) AW IA-401-2026.DOC Sessions Case No. 28 of 2019. The accused Nos.1 to 4 are convicted for the offence punishable under Sections 307, 504, 506 read with Section 34 of of the Indian Penal Code, 1860 (for short, “IPC”), however the accused Nos.1 to 3 are sentenced to suffer R.I. for 5 years each. The accused Nos.1 to 4 are further convicted under Sections 504 & 506 read with 34 of I.P.C. and sentenced suffer R.I. for 1 year and 2 years respectively. All the sentences of R.I. shall run concurrently. 3. Learned counsel for the Applicants submits that the Applicants are falsely implicated in the present crime. It is further submitted taking into consideration the nature of the allegations, all the Applicants were granted anticipatory bail and were on bail during the pendency of trial. The Applicants were only taken into custody after the judgment of the learned Sessions Judge, Satara dated 12/06/2026. The Applicants are having a good case on merits. 4. Learned counsel further submits that the Applicant - Mukund Krishna Pol, the Appellant in Criminal Appeal No.162 of 2026 has been convicted for the offence punishable under Sections 504 and 506 IPC. Even, though the role of the Applicants - Krishna Mahadu Pol, Dattatray Krishna Pol and Mukund Krishna Pol are identical in nature of giving exhortation, Krishna Pol and Dattaray Pol are convicted under Section 307 of the IPC. A perusal of the first information report and the testimony of the injured witness Sandip Jadhav and his wife Nilam Jadhav would itself suggest that the complainant himself had jumped before the tractor when Shantanu S. Dhudum 3 16-IA-399-2026 (CR) AW IA-401-2026.DOC the cultivation operations were going on. The Applicants had no intention to commit murder of the first informant Sandip Jadhav. A perusal of the testimony of the other witnesses also does not corroborate the allegations in the F.I.R. The Applicants are already acquitted for the offence punishable under Section 323 of the IPC. The Applicants are convicted for the offence punishable under Section 307, 504, 506 of the IPC, even without there being any corroborative evidence to the allegations made by the first informant, PW-1 Sandip Jadav. The Appellants are having good case on merits. Taking into consideration that the punishment imposed upon accused Mukund Pol, Appellant in Criminal Appeal No.162 of 2026 i.e. below 3 years, the learned Sessions Judge had itself suspended the sentence vide order dated 12/06/2026. The Applicants are further ready to abide by any conditions that may be imposed by this Court. Hence, the Applicants may be protected. 5. Learned counsel further submits that the Applicants Krishna Pol , Dattatray Pol, Appellants in Criminal Appeal No.164 of 2026 are also identically situated that of Mukund Pol and are having good case on merits and there is every likelihood that these Appellants may succeed in the Appeal(s). The Appeal(s) are admitted for final hearing and would take its own time for its disposal. The Appellants were on anticipatory bail during the entire trial and there are no allegations against them that they have violated any of the conditions imposed by the trial Court. They are further Shantanu S. Dhudum 4 16-IA-399-2026 (CR) AW IA-401-2026.DOC ready to abide by any conditions that may be imposed by this Court. Hence, both the applications may be allowed. 6. As against this, the learned APP strongly opposed these bail applications on the ground that the Applicants are involved in the serious offence of attempt to commit murder. There are eye witnesses i.e. the first informant Sandip Jadhav, the wife of first informant Nilam Jadhav and Mangesh Jadhav, who were seen the Applicants accused running over the victim injured PW-1 Sandip Jadhav by a tractor when the PW-1 Sandip Jadhav had opposed the cultivation of the disputed land. There is medical evidence which corroborates the allegations that the victim injured witness had sustained the grievous injuries in the said incident and as such, the offence under Section 307 of the IPC, attempt to murder, is clearly made out. Hence, there is every likelihood that the appeal(s) may be dismissed and the Appellants would be required to undergo the remaining sentence. Hence, these applications may be rejected. 7. I have gone through the judgment and order passed by the learned trial Court dated 12/06/2026 as well as the deposition of PW-1 Sandip Jadhav, PW-5 Nilam Jadhav, PW-4 Mangesh Jadhav and PW-7 Priyanjali Kadam (Doctor). After going through the evidence of the witnesses, it prima facie appears that arguable case is made out in the appeals. There is every likelihood that either the conviction of the Appellants can be altered or the Appellants may succeed in the appeals or the same may result into acquittal, as the first information report and Shantanu S. Dhudum 5 16-IA-399-2026 (CR) AW IA-401-2026.DOC deposition of PW-1 itself would suggest that the victim had came in front of the tractor after seeing the main Accused Avadhut was cultivating the disputed land. The offence under Section 307 of I.P.C. can be said to be made out only against Avadhut Pol, whereas the other two accused Krishna Pol and Dattatray Pol are identically placed with accused Mukund Pol, who is convicted for the offence punishable under Section 504 and 506 of the IPC. In so far as the Avadhut Pol is concerned, taking into consideration the evidence led by the prosecution, I am not inclined to entertain the bail application of Applicant No.1 Avadhut Pol, however liberty is granted to again approach this Court after a period of six months, if the appeal is not heard finally. In so far as Applicant - Mukund Pol in Criminal Interim Application No. 399 of 2026 and Applicant Nos.2- Krishna Pol & Applicant No.3- Dattatray Pol in Criminal Interim Application No.401 of 2026, are concerned, I am inclined to pass the following order: ORDER i. In so far as the Applicant No.1 – Avadhut Pol in Criminal Interim Application No.401 of 2026 is concerned, the application is rejected. ii. The Criminal Interim Application No.401 of 2026 is partly allowed. iii. The substantive sentence imposed upon the Applicant No.2- Krishna Pol and Applicant No.3-Dattatray Pol in Criminal Shantanu S. Dhudum 6 16-IA-399-2026 (CR) AW IA-401-2026.DOC Interim Application No.401 of 2026, is hereby suspended until final hearing of the Criminal Appeal No.164 of 2026. iv. The Criminal Interim Application No.399 of 2026 is allowed. v. The substantive sentence imposed upon the Applicant – Mukund Pol in Criminal Interim Application No.399 of 2026 is hereby suspended until final hearing of the Criminal Appeal No.162 of 2026. vi. The Applicant No.2-Krishna Pol and Applicant No.3-Dattatray Pol in Criminal Interim Application No.401 of 2026 and Applicant – Mukund Pol in Criminal Interim Application No.399 of 2026, be released on furnishing P.R. Bond in the sum of Rs.50,000/- each, with one or two sureties in the like amount. vii. The Applicant No.2-Krishna Pol and Applicant No.3-Dattatray Pol in Criminal Interim Application No.401 of 2026 and Applicant – Mukund Pol in Criminal Interim Application No.399 of 2026, shall attend the concerned Police station once in six month starting from 10th August, 2026. viii. Both the Applications stands disposed off accordingly. ( MEHROZ K. PATHAN, J.) Shantanu S. Dhudum