1/4 923-IA-49-2026(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 49 OF 2026 IN CR. APPEAL NO. 704 OF 2025 Sunideol Suresh Kale …...Applicant VERSUS The State of Maharashtra …...Respondent ---- Mr. Priyal G. Sarda (Through VC) a/w Mr. Onkar Bajaj, for Applicant. Dr. Ashvini A. Takalkar, APP, for the Respondent-State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 9th SEPTEMBER, 2026. P.C. 1. Heard, Mr. Priyal G. Sarda, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent-State. 2. By the present Application, the Applicant has sought the following substantial relief, which is reproduced verbatim: “b) Pending the hearing and final disposal of the present Criminal Appeal, the Applicant may be released on bail and his sentence may be suspended as per terms and conditions which the Hon’ble Court may deem fit.” Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.10 10:30:53 +0530 2/4 923-IA-49-2026(CR).DOC 3. Mr. Priyal G. Sarda, learned Advocate for the Applicant, submits that there are seven (7) accused in Crime No. 516 of 2021 and that the Applicant is accused No. 2. 4. By the judgment and order dated 27th March, 2025, passed by the Additional Sessions Judge, Solapur, in Sessions Case No. 281 of 2022, the Applicant has been convicted of offences punishable under Section 395 of the Indian Penal Code, 1860 (for short, “IPC”), and sentenced to undergo Rigorous Imprisonment for ten (10) years (“impugned judgment”). 5. Mr. Priyal G. Sarda, learned Advocate for the Applicant, submits that the Applicant has been in jail since 21st March, 2022, and has undergone a sentence of almost four (4) years and six (6) months. He therefore requests relief in terms of prayer clause (b) of this Application. 6. The accompanying Appeal filed by the Applicant is admitted on 3rd July, 2025. 7. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent-State, opposes the request for suspension of sentence, as the Applicant stands convicted after a full-fledged trial. 8. Perused records. 9. Upon perusal of the impugned judgment, in the context of the grounds raised by the Applicant in the memo of Appeal, it prima facie Shantanu S. Dhudum 3/4 923-IA-49-2026(CR).DOC appears that the Applicant has a fair chance of succeeding on merits. The Applicant is in jail for a substantial time. 10. Mr. Priyal G. Sarda, learned Advocate for the Applicant, submits that Shakti Subhash Pawar (accused No.4) and Anil Shrimant Pawar (accused No.1), who have been assigned identical roles to the Applicant in Crime No.516 of 2021, have been released on bail and their sentences have been suspended by this Court vide order dated 5th September, 2025 and 7th October, 2025, passed in Interim Application No.3620 of 2025 and Interim Application No.2065 of 2025, respectively. He tenders photostat copies of the said orders, which are taken on record and marked as “X colly” for identification. 11. In view of the above, this Application is allowed on the following conditions. (a) During the pendency of Criminal Appeal No.704 of 2025, the sentence of imprisonment imposed upon the Applicant by the impugned judgment and order dated 27th March, 2025, in Sessions Case No.281 of 2022 is suspended and the Applicant is directed to be released on bail by executing a P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Solapur. Shantanu S. Dhudum 4/4 923-IA-49-2026(CR).DOC (b) The Applicant shall deposit the fine imposed by the impugned judgment and order dated 27th March, 2025 in Sessions Case No.281 of 2022, within a period of four (4) weeks from today, before the Additional Sessions Judge, Solapur. (c) Applicant shall, within three (3) days of his release from jail, provide to the Investigating Officer, Akkalkot North Police Station, District Solapur, his residential address with proof, the contact numbers and must inform the Investigating Officer about any change in the same from time to time. (d) The Applicant shall appear and report to the Investigating Officer of Akluj North Police Station, District Solapur on 2nd Monday of each month from 10:00 a.m. to 11:00 a.m., till disposal of Criminal Appeal No.704 of 2025. (e) The Applicant shall regularly appear before this Court as and when the Criminal Appeal No.704 of 2025 is listed on the Cause List. 12. The Interim Application No.49 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum