Dhanaji Shivaji Katkar vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Dhanaji Shivaji Katkar vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Suspension of the sentence imposed on the applicant (accused no.2) in Sessions Case No. 5 of 2017 till the final decision of the appeal; applicant enlarged on bail on a P.R. bond of Rs.25,000/- with one or two sureties of like amount, subject to furnishing contact details (residential address and mobile number) to the trial Court and attending it once in 3 months on the first Monday of the month; the Interim Application stands disposed of.

Issue for consideration

Whether the sentence of life imprisonment imposed on the applicant (accused no.2) should be suspended and he enlarged on bail pending the final decision of Criminal Appeal No. 630 of 2024.

Court's answer

Since the appeal of the year 2024 could not be heard anytime soon owing to the pendency of old criminal appeals, the case being based entirely on circumstantial evidence, and the applicant having undergone incarceration of more than 9 years and 5 months, the court was inclined to suspend the sentence and enlarge the applicant on bail considering his long incarceration.

Ratio / Principle

The sentence imposed on the applicant – Dhanaji Shivaji Katkar in Sessions Case No. 5 of 2017 is suspended till the final decision of the appeal.

Key takeaways

The applicant is enlarged on bail upon furnishing a P.R. bond of Rs.25,000/- with one or two sureties of like amount to the satisfaction of the trial Court.ratio¶25
Bail condition: the applicant shall furnish his contact details, viz. residential address and mobile number, to the trial Court.ratio¶25
Bail condition: the applicant shall attend the trial Court once in 3 months on the first Monday of the month.ratio

Detailed headnote1 paragraphs

Suspension of sentence; bail pending appeal — Applicant (accused no.2), Dhanaji Shivaji Katkar, convicted along with another accused for the offence punishable under Section 302 r/w 34 of the Indian Penal Code by judgment and order dated 20th July 2023 in Sessions Case No. 5 of 2017 (described in the prayer as passed by the Additional Sessions Court, Mumbai; referred to in the operative order as the Additional Sessions Judge, Satara) and sentenced to life imprisonment and fine of Rs.10,000/-; offence dated 3rd June 2016; FIR registered 4th June 2016; deceased Bramhadeo Uttam Tupe. With Criminal Appeal No. 630 of 2024 (an appeal of the year 2024) not possible to be heard anytime soon due to the pendency of old criminal appeals, the case resting entirely on circumstantial evidence, and the applicant having undergone incarceration of more than 9 years and 5 months, the High Court (Kolhapur Circuit Bench) suspended his sentence till the final decision of the appeal and enlarged him on bail on a P.R. bond of Rs.25,000/- with one or two sureties of like amount, subject to furnishing his residential address and mobile number to the trial Court and attending it once in 3 months on the first Monday of the month. Interim Application No. 4148 of 2024 disposed of. Coram: M. S. Karnik & Ajit B. Kadethankar, JJ.; November 14, 2025.

906-4148-2024-IA=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 4148 OF 2024 IN

Digitally signed by UDAY UDAYSHIVAJI SHIVAJI JAGTAP JAGTAP Date:2025.11.17 18:05:27 +0530

CRIMINAL APPEAL NO. 630 OF 2024

Dhanaji Shivaji Katkar … Applicant

Versus

State of Maharashtra … Respondent

Mr. Sagar Kasar a/w Sachin P. Patil for the applicant - accused no.2. Mr. Pankaj Deokar, APP for the respondent – State.

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : November 14, 2025.

P. C. :

1. Heard Mr. Kasar, learned counsel appearing for accused no.2 and the learned APP for the respondent – State.

2. The applicant - accused no.2 is praying for suspension of sentence imposed by the judgment and order dated 20^th July 2023 passed by the Additional Sessions Court, Mumbai in Sessions Case No. 5 of 2017. The accused no.2 along with another accused was convicted

for the ofence punishable under Section 302 r/w 34 of the Indian

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Uday S. Jagtap

906-4148-2024-IA=.doc

Penal Code and sentenced to sufer Life Imprisonment and ine of Rs.10,000/-. The date of the ofence is 3^rd June 2016. The FIR was registered on 4^th June 2016. There are two accused. Bramhadeo Uttam Tupe is the deceased. It is briely stated by the prosecution that on 3^rd June 2016, the complainant (brother of the deceased), his parents along with the deceased and the accused no.1’s children (deceased and accused no.1 were married) were present in the veranda of Uttam Tupe’s (father of deceased) house. There was heavy rain. At about 5.00 p.m. accused nos. 1 and 2 arrived and entered the house of the deceased. Both of them came out at 7.15 pm and accused no.1 came running towards the father in law’s house crying that her spouse Bramhadeo has committed suicide. The complainant and Sudam Lawand (son-in-law of the deceased’s uncle) rushed to ind Bramhadeo lying on the loor with his body face upward. All of the deceased’s parents and children arrived at the scene. Immediately thereafter, the accused no.2 left the spot by saying that he would get an ambulance but never returned.

3. Learned APP opposed the application for bail. Our attention is invited to the evidence recorded by the trial court. It is submitted by learned APP that considering the cogent indings recorded, it is not a it case for his release on bail.

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Uday S. Jagtap

906-4148-2024-IA=.doc

4. The Criminal Appeal is of the year 2024. It is not possible for us to hear the appeal anytime soon in view of the pendency of the old criminal appeals. The case is based entirely on circumstantial evidence. It is pertinent to note that the applicant has undergone incarceration of more than 9 years and 5 months. In this view of the matter, we are inclined to suspend the sentence and enlarge the applicant on bail considering his long incarceration.

5. Accordingly, the sentence imposed on the applicant – Dhanaji Shivaji Katkar in Sessions Case No. 5 of 2017 by the Additional Sessions Judge, Satara is suspended till the inal decision of appeal. The applicant is enlarged on bail upon furnishing a P.R. bond in the sum of Rs.25,000/- with one or two sureties of like amount to the satisfaction of the trial Court. The applicant shall furnish his contact details viz. residential address and mobile number to the trial Court. The applicant shall attend to the trial Court once in 3 months on the irst Monday of the month.

6. The Interim Application is disposed of.

[Ajit B. Kadethankar, J. ]

[ M. S. Karnik ]

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Uday S. Jagtap