Nitesh Bholenath Mhatre vs the State of… — Murder and Culpable Homicide | Bombay HC (2025)

Nitesh Bholenath Mhatre vs the State of… — 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 the Appeal 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 conditions of disclosing residential address and contact numbers and periodic reporting at Murbad Police Station, District-Thane.

Issue for consideration

Whether the substantive sentence of life imprisonment imposed on the Applicant should be suspended and the Applicant released on bail during the pendency of his Appeal.

Court's answer

In view of the observations of the Hon'ble Supreme Court in Saudan Singh (2022 SCC OnLine SC 697) and Suleman, since the Applicant had already undergone more than 10 years of actual imprisonment and there was no chance of hearing his substantive Appeal in the near future, his substantive sentence could be suspended and he released on bail.

Ratio / Principle

During the pendency of his Appeal, the substantive sentence imposed by the learned Additional Sessions Judge, Kalyan in Sessions Case No.162 of 2015 was suspended and the Applicant was directed 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

Release made subject to conditions: furnishing of prospective residential address and contact numbers before release; reporting at Murbad Police Station, District-Thane on the first Monday of each month between 11.00 a.m. and 1.00 p.m. for one year, thereafter on the first Monday of every third calendar month till disposal of the Appeal; upon two consecutive defaults, Prosecution free to apply for cancellation of bail.ratio¶29

Detailed headnote1 paragraphs

Bail/suspension of sentence — Conviction under sections 302 and 201 IPC and section 3 read with section 25 Arms Act, life imprisonment by learned Additional Sessions Judge, Kalyan (Sessions Case No.162 of 2015, order dated 30.08.2024) — Interim Application in Criminal Appeal No.1136 of 2024 — Applicant in custody since arrest on 13.02.2018, having undergone 10 years 9 months and 17 days of actual imprisonment as per Nominal Roll — Reliance on observations of Hon'ble Supreme Court in Saudan Singh v. State of U.P., 2022 SCC OnLine SC 697 and Suleman v. State of U.P. (M.A. No.764 of 2022, dated 15.09.2022) — With more than ten years' actual incarceration and no immediate prospect of hearing the appeal, substantive sentence suspended and Applicant released on PR bond of Rs. 50,000/- with one or two local sureties, subject to address disclosure and periodic reporting at Murbad Police Station, Thane — Held by A.S. Gadkari and Ranjitsinha Raja Bhonsale, JJ.; Application allowed (order dated 16.12.2025).

10-IA-773.25-APEAL-1136.24.doc

SKN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 773 OF 2025

IN

CRIMINAL APPEAL NO. 1136 OF 2024

Nitesh Bholenath Mhatre.

… Applicant.

V/s.

The State of Maharashtra and another.

… Respondents

Mr.Amin Solkar with Ms.Misbaah Amin Solkar, Ms.Sejal Jain and Mr.Mohd. Taha for the Applicant. Mr.Ashish I. Satpute, A.P.P. for the Respondent- State.

SANJAY KASHINATH NANOSKAR

Digitally signed by SANJAY KASHINATH NANOSKAR Date: 2025.12.17 21:12:57 +0530

P.C.:-

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

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

The Applicant/ Appellant is convicted under section 302 and 201 of Indian Penal Code and section 3 read with section 25 of the Arms Act by learned Additional Sessions Judge, Kalyan and sentenced to suffer life imprisonment in Sessions Case No.162 of 2015, by its Order dated 30^th August 2024.

Record indicates that since the date of arrest from 13^th February 2018 the Applicant is behind the bars. The Nominal Roll of the Applicant

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SKN 10-IA-773.25-APEAL-1136.24.doc produced on record, by learned A.P.P. indicates that as of today the Applicant has undergone 10 years 9 months and 17 days of actual imprisonment i.e. pre-trial and post-conviction incarceration.

In view of the observations made by the Hon’ble Supreme Court 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 30^th August 2024, passed by the learned Additional Sessions Judge, Kalyan, District- Thane, in Sessions Case No.162 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.

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SKN

10-IA-773.25-APEAL-1136.24.doc

(iii) After his release from jail, the Applicant shall attend the Murbad Police Station, District- Thane, 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 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.)

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