Shivprasad Balgovind Kesari @ Shiva vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Shivprasad Balgovind Kesari @ Shiva vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the substantive sentence imposed by Judgment and Order dated 07.12.2020 in Sessions Case No. 86 of 2013 during the pendency of Criminal Appeal No. 127 of 2021; release on bail on PR bond of Rs. 50,000/- with one or more sureties in the like amount; conditional attendance at Kandivali Police Station, Mumbai (first Monday monthly for one year, then once every third calendar month till disposal of appeal); prosecution permitted to apply for cancellation of bail upon breach on two consecutive occasions.

Issue for consideration

Whether the substantive sentence imposed on the Applicant (original accused No.1) should be suspended and he released on bail during the pendency of Criminal Appeal No. 127 of 2021, given his incarceration of over 12 years and the bleak prospect of an early hearing of the appeal.

Court's answer

As the possibility of hearing the appeal on its own merits in the near future was bleak, and in view of the guidelines issued by the Hon'ble Supreme Court in Saudan Singh v. State of Uttar Pradesh (2022 SCC OnLine SC 697) and Suleman v. State of Uttar Pradesh (M.A. No. 764 of 2022, dated 15.09.2022), this Court was inclined to suspend the substantive sentence imposed upon the Applicant and release him on bail during the pendency of the appeal.

Ratio / Principle

During the pendency of the appeal, the Applicant is released on bail on furnishing a PR bond of Rs. 50,000/- with one or more sureties in the like amount.

Key takeaways

After release, the Applicant shall attend Kandivali Police Station, Mumbai, on the first Monday of each month between 10.00 a.m. and 12.00 noon for an initial period of one year, and thereafter on the first Monday of every third calendar month (four times a year) till disposal of the appeal.ratio¶23
On breach of the bail condition on two consecutive occasions, the prosecution is at liberty to move this Court for cancellation of bail.ratio¶27

Detailed headnote1 paragraphs

Bombay High Court (A. S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.), Interim Application No. 4390 of 2024 in Criminal Appeal No. 127 of 2021, decided 17 October 2025 — Shivprasad Balgovind Kesari @ Shiva (original accused No.1), who had undergone 12 years 10 months and 11 days of actual imprisonment as on 16 October 2025 (Nominal Roll, Yerwada Open Prison, Pune), sought suspension of sentence and release on bail during pendency of his appeal against the Judgment and Order dated 7 December 2020 of the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No. 86 of 2013. Holding that the possibility of an early hearing of the appeal was bleak, and relying on the Supreme Court guidelines in Saudan Singh v. State of Uttar Pradesh (2022 SCC OnLine SC 697) and Suleman v. State of Uttar Pradesh (Miscellaneous Application No. 764 of 2022, dated 15 September 2022), the Court suspended the substantive sentence and directed release on a PR bond of Rs. 50,000/- with one or more sureties in the like amount, conditioned on monthly attendance at Kandivali Police Station, Mumbai (first Monday, 10 a.m.–12 noon) initially for one year and thereafter once every third calendar month till disposal of the appeal, with liberty to the prosecution to seek cancellation of bail upon breach on two consecutive occasions. Application allowed.

ssm 1 40-ia4390.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 4390 OF 2024

IN

CRIMINAL APPEAL NO. 127 OF 2021

Shivprasad Balgovind Kesari @ Shiva

…..Applicant

Vs.

The State Of Maharashtra

…..Respondent

Mr. Anush Shetty i/by Dr. Yug Mohit Chaudhry for the Applicant. Smt. Madhavi H. Mhatre APP, for the Respondent-State.

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

P.C.:-

This is an Application of original accused No.1 for suspension

of sentence and releasing the Applicant on bail, during the pendency of Appeal.

Learned APP has produced on record Nominal Roll of the Applicant, duly signed by the Jailor, Yerwada Open Prison, Pune. Record indicates that, the Applicant has undergone 12 years 10 months and 11 days of actual imprisonment as on 16^th October, 2025.

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ssm 2 40-ia4390.2024.doc

The possibility of hearing of the present Appeal on its own merits in near future is bleak. In view of the guidelines issued 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 15^th September 2022, we are inclined to suspend the substantive sentence imposed upon the Applicant and to release him on bail.

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 7^th December, 2020, passed by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No.86 of 2013, is suspended and the Applicant is released on bail on his furnishing PR bond of Rs.50,000/- with one or more sureties in the like amount.

ii) After his release from jail, the Applicant shall attend the Kandivali Police Station, Mumbai, on every first Monday of each month between 10.00 a.m. and 12.00 noon and mark his presence initially for a period of one year and thereafter on every first Monday between 10.00 a.m. and 12.00 noon of every third calender month i.e. four times

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ssm 3 40-ia4390.2024.doc

in a year till the disposal of Appeal.

iii) In case of breach of condition imposed upon the Applicant on two consecutive occasions, the prosecution is at liberty to file an Application for cancellation of bail, before this Court.

Application is allowed in the aforesaid terms.

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

Digitally signed SANJIV by SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2025.10.28 10:53:41 +0530

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