Javed Matiullah Khan @ Sultan vs the Union… — Murder and Culpable Homicide | Bombay HC (2025)

Javed Matiullah Khan @ Sultan vs the Union… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

During the pendency of the Appeal preferred by the Applicant, the substantive sentence (life imprisonment) imposed vide Judgment and Order dated 22nd August, 2024 in Sessions Case No. 9 of 2020 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, subject to conditions: (i) disclosure of prospective residential address and mobile/landline number before release; (ii) attendance at Nani Daman Police Station, Daman on every first Monday of each month between 11.00 a.m. and 1.00 p.m. for one year, thereafter on every first Monday of every third calendar month (four times a year) till disposal of the Appeal; (iii) Prosecution at liberty to file an application for cancellation of bail on two consecutive defaults.

Issue for consideration

Whether the substantive sentence imposed on the Applicant (original accused No.1), convicted under Section 302 read with Sections 34 and 120-B of the Indian Penal Code and Section 27 of the Arms Act and sentenced to life imprisonment, should be suspended and the Applicant released on bail during the pendency of Criminal Appeal No. 1222 of 2024.

Court's answer

The Applicant was not the actual assailant; the allegation against him was of giving shelter to the assailants either before or after they committed the crime (role of harbouring).

Ratio / Principle

Taking into consideration the overall facts — that the Applicant has undergone more than 5 1/2 years of incarceration and that, given the huge pendency, his substantive Appeal is unlikely to be heard in the near future — the substantive sentence imposed upon him can be suspended and he can be released on bail during the pendency of the Appeal.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction) — Interim Application No. 4795 of 2024 in Criminal Appeal No. 1222 of 2024 (A. S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.; decided 18th November, 2025). The Applicant, Javed Matiullah Khan @ Sultan (original accused No.1), convicted by the learned Sessions Judge, Daman, in Sessions Case No. 9 of 2020 (Judgment and Order dated 22nd August, 2024) under Section 302 read with Sections 34 and 120-B of the Indian Penal Code and Section 27 of the Arms Act, sentenced to life imprisonment with a fine of Rs.15,000/-. Original accused Nos.3, 5 and 7 and absconding accused Sunil Jadhav had fired from fire arms on deceased Salim Bharvatiya on 2nd March, 2020; the role attributed to the Applicant was harbouring the assailants, and the Court found he was not the actual assailant. The Applicant had undergone more than 5 1/2 years of incarceration and, given the huge pendency, hearing of his substantive Appeal in the near future was remote. Held: the substantive sentence could be suspended and the Applicant released on bail during the pendency of the Appeal on a PR bond of Rs. 50,000/- with one or two local sureties in the like amount, subject to conditions of disclosure of prospective residential address and contact number, periodic reporting at Nani Daman Police Station, Daman (every first Monday monthly for one year, thereafter once every third calendar month till disposal of the Appeal), and liberty to the Prosecution to seek cancellation of bail on two consecutive defaults. Application allowed.

37-ia 4795-24.doc

Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 4795 OF 2024

IN

CRIMINAL APPEAL NO. 1222 OF 2024

Javed Matiullah Khan @ Sultan

… Applicant

Vs.

The Union Territory of Dadra Nagar Haveli Daman and Diu & Anr.

... Respondents

Mr. Rishi Bhuta a/w. Mr. Vivek Pandey, Mr. Shyam Tripathy, Ms. Saakshi Jha, Mr. Prateek Dutta, Mr. Omer Khuraja, Ms. Bhavi Kapoor and Ms. Karishma for the Applicant.

Mr. Ashwin Thool a/w. Mr. Ayush Singh and Ms. Archishmati Chandramore for Respondent No.1.

Mr. Ashish I. Satpute, APP for the Respondent-State.

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE , JJ. DATED : 18^th NOVEMBER, 2025.

P. C. :-

This is an Application for suspension of sentence and releasing

the Applicant (original accused No.1) on bail during the pendency of Appeal.

Applicant is convicted under Section 302 read with Sections

34 and 120-B of the Indian Penal Code and Section 27 of the Arms Act and

sentenced to undergo life imprisonment with a fine of Rs.15,000/- by the

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37-ia 4795-24.doc

Amk

learned Sessions Judge, Daman at Daman in Sessions Case No. 9 of 2020 by its Judgment and Order dated 22^nd August, 2024.

Perusal of record indicates that, original accused Nos.3, 5 and 7 and absconding Accused Sunil Jadhav had fired from fire arms on deceased Salim Bharvatiya on 2^nd March, 2020, when the said deceased was present in his shop. The role attributed to the Applicant is of harboring the assailants after the offence is committed. The trial Court has recorded a finding that, the Applicant was in contact with the other accused persons, namely, accused Nos. 3 to 7 before and after the alleged incident and therefore the Applicant is a member of the conspiracy hatched by all the accused persons.

It is thus clear that, the Applicant was not actual assailant and as noted earlier, the allegation against the Applicant is of giving shelter to the assailants either before or after they committed the said crime. The Applicant as of today has undergone more than 5 ½ years of incarceration. Taking into consideration the huge pendency, the possibility of hearing substantive Appeal of the Applicant in near future is remote.

After taking into consideration the overall facts, we are of the opinion that, during the pendency of the Appeal of the Applicant, the substantive sentence imposed upon him can be suspended and he can be released on bail.

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37-ia 4795-24.doc

Amk

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 22^nd August, 2024, passed by the learned Sessions Judge, Daman, in Sessions Case No. 9 of 2020, 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 his any close relative can be contacted.

iii) After his release from jail, the Applicant shall attend the Nani Daman Police Station, Daman, 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 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 aforestated 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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