Hassan Ali Pathan @ Mithun vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Hassan Ali Pathan @ Mithun vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

During the pendency of the Appeal, the substantive sentence (life imprisonment, Sessions Case No. 309 of 2015) suspended and the Applicant released on bail on furnishing a PR bond of Rs. 50,000/- with one or two local sureties in the like amount; conditions: disclosure of prospective residential address and contact numbers before release; attendance at Dindoshi Police Station, Mumbai on the first Monday of each month (11.00 a.m.-1.00 p.m.) for one year, thereafter on the first Monday of every third calendar month (four times a year) till disposal of the Appeal; Prosecution at liberty to apply for cancellation of bail on two consecutive defaults.

Issue for consideration

Whether the substantive sentence of life imprisonment imposed on the Applicant under section 302 IPC should be suspended and the Applicant released on bail during the pendency of his Appeal, given that he has undergone more than 10 years of actual imprisonment and his substantive Appeal is unlikely to be heard in the near future.

Court's answer

The Applicant has already undergone more than 10 years of actual imprisonment and there is no chance of hearing his substantive Appeal in the near future.

Ratio / Principle

In view of the observations of the Hon'ble Supreme Court in Saudan Singh (2022 SCC OnLine SC 697) and Suleman (M.A. No. 764 of 2022, dated 15-09-2022), the substantive sentence imposed upon the Applicant can be suspended and he can be released on bail during the pendency of the Appeal.

Detailed headnote1 paragraphs

Bombay High Court (A.S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.) allowed an Interim Application for suspension of sentence and release on bail during the pendency of Criminal Appeal No. 912 of 2025. The Applicant, convicted under section 302 IPC and sentenced to imprisonment for life by the learned Additional Sessions Judge, Dindoshi (Borivali Division), Goregaon, Mumbai in Sessions Case No. 309 of 2015 by Order dated 22nd February 2024, had undergone 10 years 5 months and 14 days of actual imprisonment (per Nominal Roll). Relying on 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), and noting there was no chance of hearing the substantive Appeal in the near future, the Court suspended the substantive sentence and directed release on a PR bond of Rs. 50,000/- with one or two local sureties in the like amount, subject to conditions including furnishing prospective residential address and contact numbers, and periodic reporting at Dindoshi Police Station, Mumbai (monthly for one year, thereafter once every third calendar month till disposal of the Appeal), with liberty to the Prosecution to seek cancellation of bail upon two consecutive defaults.

SKN

53-IA-3449.24-APEAL-912.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 3449 OF 2024

IN

CRIMINAL APPEAL NO. 912 OF 2025

Hassan Ali Pathan @ Mithun. … Petitioner.

V/s.

The State of Maharashtra.

… Respondents

Dr.Pradeep Kumar Pardeshi with Ms.Anushka Martis for the Petitioner. Mr.Ajay S. Patil, A.P.P. for the Respondent- State.

SANJAY KASHINATH NANOSKAR

Digitally signed by SANJAY KASHINATH NANOSKAR Date: 2025.12.17 21:13:15 +0530

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 16^th DECEMBER 2025.

P.C.:-

This is an Application for suspension of sentence and to release Applicant on bail during the pendency of Appeal.

The Applicant is convicted under section 302 of Indian Penal Code and sentenced to suffer imprisonment for life by the learned Additional Sessions Judge, Dindoshi (Borivali Division), Goregaon, Mumbai in Sessions Case No.309 of 2015, by its Order dated 22^nd February 2024.

The Nominal Roll produced on record, by learned A.P.P. indicates that, as of today the Applicant has undergone 10 years 5 months and 14 days of actual imprisonment i.e. pre-trial and post conviction incarceration.

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SKN 53-IA-3449.24-APEAL-912.25.doc

In view of observations made by the Hon’ble Supreme Court in the case 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 15th September 2022, as the Applicant has already undergone more than 10 years 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.

Hence, the following Order :-

(i) During the pendency of his Appeal, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 22^nd February 2024, passed by the learned Additional Sessions Judge, Dindoshi (Borivali Division), Goregaon, Mumbai, in Sessions Case No.309 of 2015, 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) Before his release from jail, the Applicant shall give his prospective residential address and the mobile and/or landline number on which he or any his close relatives can be contacted.

(iii) After his release from jail, the Applicant shall attend the Dindoshi Police Station, Mumbai, on every first Monday of each month between 11.00 a.m. and 1.00 p.m. initially for a period of one

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SKN

53-IA-3449.24-APEAL-912.25.doc year and thereafter on every 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.

(iv) In case of two consecutive defaults in complying with the afore-stated conditions, the Prosecution is at liberty to file an application for cancellation of bail.

1. Application is allowed in the aforesaid terms.

(RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.)

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