Digambar Tukaram Kadam Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Digambar Tukaram Kadam Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the substantive sentence of life imprisonment pending hearing and final disposal of Criminal Appeal No. 149 of 2022, and release of the applicant on bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like amount; the High Court Legal Services Sub Committee, Aurangabad directed to pay the legal aid advocate's fees as per schedule within four weeks.

Issue for consideration

Whether the substantive sentence of life imprisonment imposed on the applicant/accused should be suspended and he be released on bail pending hearing and final disposal of Criminal Appeal No. 149 of 2022.

Court's answer

Perusal of the evidence on record indicates, prima facie, that vital links in the chain of circumstantial evidence are missing.

Ratio / Principle

The accused has been in custody since 15.08.2015 and has undergone long incarceration of 10 years; considering the pendency of jail appeals, his appeal was not likely to be heard in the near future, warranting release on bail.

Key takeaways

Pending the hearing and final disposal of the present appeal, the substantive sentence of life imprisonment imposed on the applicant Digambar Tukaram Kadam by the learned Additional Sessions Judge, Hingoli in Sessions Trial Case No. 45 of 2015 is suspended.ratio¶20
The applicant Digambar Tukaram Kadam is to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like amount.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Nitin B. Suryawanshi and Sandipkumar C. More, JJ.), allowed Criminal Application No. 579 of 2022 in Criminal Appeal No. 149 of 2022 and suspended the substantive sentence of life imprisonment awarded to Digambar Tukaram Kadam by the learned Additional Sessions Judge, Hingoli in Sessions Trial Case No. 45 of 2015 for the murder of an infant girl child delivered by his wife on 15.08.2015. The case rested on circumstantial evidence; the prosecution examined 17 witnesses, and the witnesses related to the accused (his son, wife and mother) turned hostile. The Court observed that, prima facie, vital links in the chain of circumstantial evidence are missing; that the accused has been behind bars since 15.08.2015 and has undergone ten years' incarceration; and that, considering the pendency of jail appeals, his appeal was not likely to be heard in the near future. The applicant was directed to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like amount, pending hearing and final disposal of the appeal. The High Court Legal Services Sub Committee, Aurangabad was directed to pay the fees of the appointed legal aid advocate as per schedule within four weeks.

2025:BHC-AUG:23495-DB

(1) 1- Cri. Appln. No. 579-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 579 OF 2022 IN CRIMINAL APPEAL NO.149/2022 WITH CRIMINAL APPEAL NO. 149 OF 2022

DIGAMBAR TUKARAM KADAM VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. R. J. Nirmal (appointed Through Legal Aid)

APP for Respondent/State: Mr. S. J. Salgare

CORAM : NITIN B. SURYAWANSHI AND SANDIPKUMAR C. MORE, JJ. DATED : 02^nd SEPTEMBER, 2025

ORDER:-

By this application, the applicant/accused seeks suspension of

his substantive sentence of life imprisonment imposed on him by the learned Additional Sessions Judge, Hingoli in Sessions Trial Case No. 45 of 2015.

The accused was charged for commission of murder of infant girl child delivered by his wife on 15.08.2015. In support of its case, prosecution has examined 17 witnesses. The witnesses related to the applicant, namely, his son, wife and mother have turned hostile. The case is based on circumstantial evidence. The trial Court has held that prosecution has proved complete chain of circumstances for convicting the accused.

(2)

1- Cri. Appln. No. 579-2022.odt

Perusal of the evidence on record prima facie indicates that vital links in the chain of circumstantial evidence are missing. Fact remains that accused is behind bar since 15.08.2015 and has undergone long incarceration of 10 years. Considering the pendency of jail appeals, his appeal is not likely to be heard in the near future. We are therefore, inclined to grant bail to the applicant. In the result, following order :-

ORDER

(a) The application is allowed.

(b) Pending the hearing and final disposal of the present appeal, substantive sentence of life imprisonment imposed on the

applicant Digambar Tukaram Kadam by learned Additional Sessions Judge Hingoli in Sessions Trial Case No. 45 of 2015 is hereby suspended.

(c) Applicant Digambar Tukaram Kadam be released on bail on furnishing personal bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount.

(d) Application is accordingly disposed of.

(e) High Court Legal Services, Sub Committee, Aurangabd shall pay the fees of learned Advocate for applicant, as per schedule, within four weeks from today.

( SANDIPKUMAR C. MORE ) (NITIN B. SURYAWANSHI ) JUDGE JUDGE

(3)

1- Cri. Appln. No. 579-2022.odt

Y.S. Kulkarni