Mukesh Gopal Sabale vs State of Maharashtra and… — Murder and Culpable Homicide | Bombay HC (2025)

Mukesh Gopal Sabale vs State of Maharashtra and… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Suspension of the substantive sentence of life imprisonment during the pendency of Criminal Appeal No. 347 of 2025 and release of the Applicant on bail on furnishing a PR bond of Rs. 50,000/- with one or two local sureties in the like amount, subject to periodic attendance at Lasalgaon Police Station (first Monday of every month, 11.00 a.m.-1.00 p.m., for one year, and thereafter once every third calendar month till disposal of the appeal).

Issue for consideration

Whether the substantive sentence of life imprisonment imposed on the Applicant should be suspended and he released on bail during the pendency of his appeal, given that he had already undergone about 11 years 8 months and 28 days of actual imprisonment and there was no chance of hearing his substantive appeal in the near future.

Court's answer

In view of the observations of the Hon'ble Supreme Court in Saudan Singh v. State of Uttar Pradesh (2022 SCC OnLine SC 697) and Suleman v. The State of Uttar Pradesh (Miscellaneous Application No. 764 of 2022, dated 15th September 2022), since the Applicant had already undergone about 11 years 8 months and 28 days of actual imprisonment and there was no chance of hearing his substantive appeal in the near future, the substantive sentence imposed upon him could be suspended and he could be released on bail.

Ratio / Principle

During the pendency of the Applicant's appeal, the substantive sentence imposed vide the Judgment and Order dated 21st December 2024 passed by the learned Additional Sessions Judge, Niphad, in Sessions Case No. 68 of 2014, is suspended, and the Applicant is to be released on bail on furnishing a PR bond of Rs. 50,000/- with one or two local sureties in the like amount.

Key takeaways

As a condition of release, after coming out of jail the Applicant shall attend the Lasalgaon Police Station, Taluka Niphad, District Nashik, on every first Monday of each month between 11.00 a.m. and 1.00 p.m. initially for one year, and thereafter on every first Monday between 11.00 a.m. and 1.00 p.m. of every third calendar month (i.e. four times a year) till disposal of the appeal.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court (A.S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.) allowed an Interim Application (No. 1058 of 2025) for suspension of sentence and release on bail during the pendency of Criminal Appeal No. 347 of 2025. The Applicant, convicted under Sections 302 and 309 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs. 5,000/- by the learned Additional Sessions Judge, Niphad, in Sessions Case No. 68 of 2014 (Judgment and Order dated 21st December 2024), had undergone 11 years 8 months and 28 days of actual incarceration, and the chances of an early hearing of his appeal were remote. Relying on the Hon'ble Supreme Court's observations in Saudan Singh v. State of Uttar Pradesh, 2022 SCC OnLine SC 697, and Suleman v. The State of Uttar Pradesh (Miscellaneous Application No. 764 of 2022, dated 15th September 2022), the Court suspended the substantive sentence and directed the Applicant's release on a PR bond of Rs. 50,000/- with one or two local sureties in the like amount, conditioned on attendance at Lasalgaon Police Station, Taluka Niphad, District Nashik, on the first Monday of every month between 11.00 a.m. and 1.00 p.m. for one year, and thereafter on the first Monday of every third calendar month (four times a year) till disposal of the appeal.

dtg 51-Ia-1058-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 1058 OF 2025 IN

CRIMINAL APPEAL NO. 347 OF 2025

Mukesh Gopal Sabale

… Applicant

V/s.

The State of Maharashtra & Anr.

… Respondents

Mr. Aniket Vagal a/w Adv. Savvy Kolhekar and Ms. Juhi Kadu for Applicant. Mr. Ashish I. Satpute, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 17^th December 2025

P.C. :

1. This is an Application for suspension of sentence and releasing

the Applicant on bail during the pendency of Appeal.

Applicant is convicted under Sections 302 and 309 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment with a fine of Rs. 5,000/-, by the learned Additional Sessions Judge, Niphad, in Sessions Case No. 68 of 2014, by its Judgment and Order dated 21^st December 2024.

The Nominal Roll produced by the learned APP indicates that, as of today, the Applicant has undergone 11 years 8 months and 28 days of actual incarceration as of today. Taking into consideration the pendency

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dtg 51-Ia-1058-2025.doc

before this Court, the chances of hearing of the Appeal preferred by the Applicant on merits in near future are remote.

In view of the observations made by the Hon’ble Supreme Court in the cases of Saudan Singh Vs. State of Uttar Pradesh, reported in 2022 SCC OnLine SC 697 and Suleman Vs. The State of Uttar Pradesh, in Miscellaneous Application No. 764 of 2022, dated 15^th September 2022, as the Applicant has already undergone about 11 years 8 months and 28 days of actual imprisonment and there is no chance of hearing his substantive Appeal in the near future, the substantive sentence imposed upon the Applicant can be suspended and he can be released on bail.

1. Hence, the following Order :-

[i] During the pendency of Appeal preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 21^st December 2024, passed by the learned Additional Sessions Judge, Niphad, in Sessions Case No.

68 of 2014, is suspended and the Applicant be released on bail on his furnishing PR bond of Rs. 50,000/- with one or two local sureties in the like amount.

[ii] After his release from jail, the Applicant shall attend the Lasalgaon Police Station, Taluka Niphad District Nashik, on every first Monday of each month between 11.00 a.m. and 1.00 p.m. initially for a period of one year and thereafter on every

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dtg 51-Ia-1058-2025.doc

first Monday between 11.00 a.m. and 1.00 p.m. of every third calender month i.e. four times in a year till the disposal of Appeal.

1. Application is allowed in the aforesaid terms.

(RANJITSINHA RAJA BHONSALE, J. )

( A.S. GADKARI, J. )

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