1 22appeal278.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CRIMINAL APPLICATION (APPA) NO. 413 OF 2026 IN CRIMINAL APPEAL NO. 278 OF 2026 MOHAMMAD ASIF MOHAMMAD ASLAM TAGALE VS THE STATE OF MAHARASHTRA, POLICE STATION DARWHA, TQ. DARWHA, DIST. YAVATMAL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anil S. Mardikar, Senior Counsel a/w Mr. Shubhankar Chimote, Mr. Imran Deshmukh, Mr. Yuvraj Dhande, counsel for applicant/appellant. Mr. G.S. Umale, APP for non-applicant/State. CORAM : Y. G. KHOBRAGADE, J. DATED : 04-09-2026 1. Heard. 2 By the present application, the applicant / accused - convict seeks suspension of sentence awarded by the learned Assistant Sessions Judge, Darwha, in Sessions Case No. 60 of 2013, arising out of Crime No. 11 of 2013. By judgment and order dated 05/06/2026, the learned trial Court convicted the applicant/accused for the offences punishable under Sections 304-B and 498-A of the Indian Penal Code, 1860. The applicant/accused has been sentenced to suffer rigorous imprisonment for ten years for the offence punishable under Section 304-B of the Indian Penal Code, 1860, along with a fine of Rs.20,000/-, and rigorous imprisonment for three years for the offence punishable under Section 498-A of the Indian 2026:BHC-NAG:11786 2 22appeal278.2026.odt Penal Code, 1860. On 24/06/2026, the appeal has already been admitted. 3. On perusal of the record, it appears that victim, Nasrin, allegedly committed suicide on 23/01/2013. As per the contents of the FIR, she was subjected cruelty on account of non-fulfilment of the demand for dowry of Rs. 50,000/-. P.W. No.2 – Sarfaraj Salim Tagale deposed that the deceased Nasrin was his parental aunt’s daughter and that he used to visit her house. On one occasion, when he visited the house of Nasrin, he noticed swelling on her face. Upon making an inquiry, the deceased Nasrin disclosed that her husband/accused had asked her to bring Rs.50,000/- from her parents, but she had not brought the said amount. Hence, her husband had beaten her mercilessly. 4. On perusal of the evidence of PW-2, it does not suggest that as and when P.W.-2 had visited the house of Nasrin and no specific details about his visit has been narrated. No doubt, the investigation officer did not see any suicidal note from the person of the deceased Nasrin. Though the investigation officer allegedly seized the dowry maintained by the deceased but prosecution allegedly failed to prove contents of dowry to show that deceased was subjected for cruelty. The evidence of prosecution witness does not appear that soon before the incident of consumption of poisonous substance on 22/01/2013, the deceased was subjected cruelty and harassment to meet the illegal demand of dowry soon before the incident. Therefore, it appears that the ground 3 22appeal278.2026.odt set out by the appellant bonafide and substantial which may leads to quash and set aside the impugned order. 5. Needless to say that on 06/05/2023, learned Additional Sessions Judge, Darwha, had passed and order in Misc. Criminal Application No. 91 of 2013 and had enlarged the appellant/accused on bail on certain terms and conditions. There is no allegation that applicant / accused has breached any terms and conditions or he has misused the liberty granted by the learned trial Court. During the pendency of the trial. There are, no allegations that the applicant/accused tamper any prosecution witnesses. Therefore, considering the offence and the acquisition of the applicant/accused, it would be just and proper to suspend the sentence awarded under judgment and order dated 05/06/2026 by the learned Additional Sessions Judge, Darwha, in Sessions Case No. 60 of 2013 during the pendency of the appeal and to enlarge the appellant/accused on bail. Accordingly, I proceed to pass the following order: ORDER a] Criminal Application is allowed. b] The substantive sentence awarded by the learned Additional Sessions Judge, Darwha, District Yavatmal, in Sessions Case No. 60 of 2013, is hereby suspended during pendency of the appeal. c] The appellant/accused Mohammad Asif Mohd. Aslam Tagale be released on bail on executing 4 22appeal278.2026.odt P.R. Bond of Rs. 50,000/- with two solvent sureties in like amount. d] The applicant shall furnish his mobile number as well as mobile numbers of two close relatives before the trial Court. e] The appellant/accused shall attend the concerned Police Station Darwha on first of each month during the pendency of the appeal. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 07/09/2026 17:21:33