Kalu Ramdas Ghane vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Kalu Ramdas Ghane vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the substantive sentence of imprisonment of life imposed in Sessions Case No. 51 of 2022 during the pendency of Criminal Appeal No. 652 of 2025, and release of the applicant on a P.R. Bond of Rs. 25,000/- with one surety in the like amount.

Issue for consideration

Whether the substantive sentence of imprisonment for life imposed on the applicant in Sessions Case No. 51 of 2022 should be suspended during the pendency of Criminal Appeal No. 652 of 2025 and the applicant released on bail. +1 more

Court's answer

The applicant had been behind bars for almost four years, and the F.I.R. was lodged after five days of the incident.

Ratio / Principle

As per the post-mortem report there is only one injury on the head of the deceased, the other injuries being abrasions and contusions on other parts of the body; hence there was no repeated assault on the vital part of the body (medical evidence having established death due to head injury).

Key takeaways

There was an altercation between the applicant and his own father on account of a sudden quarrel, and in that heat of passion the incident might have taken place; as such, there is a possibility of scaling down of the offence.ratio¶6
Considering the circumstances in which the incident took place, the delay of five days in lodging the F.I.R. and the applicant's custody of almost four years, the court was of the opinion that the applicant deserves to be released on bail by suspending his substantive sentence of imprisonment.ratio¶6
The application is allowed and the substantive sentence of imprisonment of life imposed on the applicant/accused Kalu Ramdas Ghane in Sessions Case No. 51 of 2022 (judgment and order dated 05.10.2023 of the Additional Sessions Judge-1, Sangamner) is suspended during the pendency of the appeal.

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Sandipkumar C. More and Abasaheb D. Shinde, JJ.; reserved 02.02.2026, pronounced 04.02.2026), Criminal Application No. 3211 of 2025 in Criminal Appeal No. 652 of 2025: applicant Kalu Ramdas Ghane, convicted and sentenced to imprisonment for life in Sessions Case No. 51 of 2022 (judgment and order dated 05.10.2023, Additional Sessions Judge-1, Sangamner) for the murder of his own father, sought suspension of sentence and release on bail pending appeal. Weighing that the post-mortem showed only one head injury (remaining injuries being abrasions/contusions elsewhere), an altercation arising out of a sudden quarrel in the heat of passion with possibility of scaling down the offence, custody of almost four years, and the F.I.R. having been lodged five days after the incident, the court allowed the application, suspended the life sentence during the pendency of the appeal, and ordered release on a P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.

2026:BHC-AUG:4875-DB

(1) Cri. Appln.No. 3211-2025 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 3211 OF 2025 IN

CRIMINAL APPEAL No. 652 of 2025

Kalu Ramdas Ghane, Age : 30 Years, Occ. Labour work R/o. Borwadi, Waranghushi, Tq. Akole, Dist. Ahmednagar. Appellant (Orig. Complainant)

VERSUS

The State of Maharashtra, Through Police Station Officer, Police Station,Rajur, Tq. Akole, Dist. Ahmednagar. ..Respondent

…. Advocate for the applicant : Mr. Rahul Joshi h/f Adv. Kalpana K. Kulkarni A.P.P. for Respondent/State : Mrs. Bharati B. Gunjal

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATE OF RESERVING : 02.02.2026 DATE OF PRONOUNCEMENT : 04.02. 2026

ORDER:-

Heard rival submissions.

By this application, the applicant, who is the original

accused in Sessions Case No. 51 of 2022, is seeking

suspension of his substantive sentence of life imprisonment, during the pendency of this appeal and also his release on bail.

(2)

Cri. Appln.No. 3211-2025 .odt

As per the prosecution story, the present applicant/ accused has killed his own father, with the help of wooden log and thereafter, threw his dead body into the well.

The learned counsel for the applicant submits that, though there is eye witness to the incident in the form of mother of the applicant, but in the cross-examination, she has given certain admissions mentioning that, the applicant was of quarrelsome nature, and therefore, she along with her another son and one Bakubai decided to implicate him in false case of committing murder of his own father, to get rid of him.

On the contrary, the learned A.P.P. strongly supported the conviction of applicant/accused and submitted that mother of the applicant had in fact, stated about his incriminating act in the chief-examination, which is corroborated by other circumstances on record. As such, there is no question of showing leniency to the applicant, who committed murder of his own father.

Admittedly, on going through the entire material on record, it appears that, the learned Trial Judge, by relying on the evidence of mother of the applicant, has convicted him for committing murder of his own father. Admittedly, as per the

(3)

Cri. Appln.No. 3211-2025 .odt medical evidence, it has been established that father of the applicant died due to head injury. However, on going through the post mortem report, there is only one injury on the head of the deceased and the other injuries are on other parts of body in the form of abrasions and contusions. As such, there is no repeated assault on the vital part of the body by the deceased. Moreover, it has also come on record that there was altercation between the applicant and his own father on account of sudden quarrel and in that heat of passion, the incident might have taken place. As such, there is possibility of scaling down of the offence. The applicant is behind bars for almost four years, and therefore, considering the circumstances in which the incident took place and that the F.I.R. was lodged after five days of the incident, we are of the opinion that the applicant deserves to be released on bail by suspending his substantial sentence of imprisonment. In view of the same, following order is passed.

O R D E R

(A) The application is allowed.

(B) The substantive sentence of imprisonment of life imposed upon the applicant/accused Kalu Ramdas Ghane in Sessions Case No.51 of 2022 under judgment and order dated 05.10.2023, passed by learned

(4)

Cri. Appln.No. 3211-2025 .odt

Additional Sessions Judge-1, Sangamner, District

Ahilyanagar is hereby suspended during the pendency of this appeal.

(C) The applicant is released on execution of P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.

(D) The application is accordingly disposed of.

(ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE

YSK/