Hiralal Bhabuta Mali vs the State of Maharashtra… — Murder and Culpable Homicide | Bombay HC (2026)

Hiralal Bhabuta Mali vs the State of Maharashtra… — Murder and Culpable Homicide | Bombay HC (2026)

What the court decided

AI extract

Outcome

Suspension of the substantive sentence during pendency of the appeal and release 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) furnishing prospective residential address and mobile/landline number before release; (ii) attendance at Vartaknagar Police Station, Thane on every first Monday between 10.00 a.m. and 12.00 noon for one year, and thereafter on the first Monday of every third calendar month (four times a year) until disposal of the appeal; (iii) liberty to the prosecution to apply for cancellation of bail upon two consecutive defaults.

Issue for consideration

Whether the substantive sentence imposed on the Applicant should be suspended and the Applicant released on bail during the pendency of his appeal. +1 more

Court's answer

During the pendency of the Applicant's appeal, the substantive sentence imposed by Judgment and Order dated 7th December 2022 in Sessions Case No. 162 of 2016 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.

Ratio / Principle

Because the Applicant had undergone about 11 years of actual imprisonment and there was no chance of hearing his substantive appeal in the near future, and in view of the Supreme Court's observations in Saudan Singh (2022 SCC OnLine SC 697) and Suleman (Miscellaneous Application No. 764 of 2022), the substantive sentence could be suspended and the Applicant released on bail.

Detailed headnote1 paragraphs

Bombay High Court (A.S. Gadkari and Kamal Khata, JJ.) allowed an Interim Application (No. 3035 of 2025) in Criminal Appeal No. 612 of 2025 seeking suspension of sentence and bail pending appeal. The Applicant, convicted under Section 302 IPC and sentenced to rigorous imprisonment for life by the learned Additional Sessions Judge, Thane, in Sessions Case No. 162 of 2016 by Judgment and Order dated 7th December 2022, had undergone about 11 years, 4 months and 20 days of actual pre-trial and post-trial incarceration, and 14 years, 4 months and 20 days including remissions, per the Nominal Roll produced by the A.P.P. In view of the Hon'ble Supreme Court's observations 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 15th September 2022), and since there was no chance of hearing the substantive appeal in the near future, the Court suspended the substantive sentence and directed release on a PR bond of Rs. 50,000/- with one or two local sureties in the like amount, subject to conditions: disclosure of prospective residential address and contact number before release; monthly reporting at Vartaknagar Police Station, Thane on the first Monday of each month (10.00 a.m.-12.00 noon) for one year and thereafter once every third calendar month until disposal of the appeal; and liberty to the prosecution to seek cancellation of bail on two consecutive defaults.

KSG 13-IA-3035-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.3035 OF 2025 IN

CRIMINAL APPEAL NO.612 OF 2025

Hiralal Bhabuta Mali

… Applicant

V/s.

The State of Maharashtra & Anr

… Respondents

Mrs. Shahjahan Varaya i/b Mr. P.R. Pandey for the Applicant. Smt. M.M. Deshmukh, Acting. P.P. a/w Smt. P.P. Shinde, A.P.P. for RespondentState.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 30^th MARCH 2026

P.C. :

KIRANSANJAYGHUGE Digitallysigned byKIRANSANJAYGHUGEDate:2026.04.04 11:54:09 +0530

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

Applicant is convicted under Section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life by the learned Additional Sessions Judge, Thane, in Sessions Case No.162 of 2016, by its Judgment and Order dated 7^th December, 2022.

The Nominal Roll produced on record by the learned A.P.P. indicates that, as of today, the Applicant has undergone about 11 years, 4 months and 20 days in pre-trial and post-trial incarceration and including

1/3

KSG 13-IA-3035-2025.doc

remissions, has undergone 14 years, 4 months and 20 days in incarceration. 4) In view of the observations made 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, as the Applicant has undergone about 11 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.

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 7^th December 2022, passed by the learned Additional Sessions Judge, Thane, in Sessions Case No. 162 of 2016, 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.

2/3

KSG 13-IA-3035-2025.doc

[iii] After his release from jail, the Applicant shall attend the Vartaknagar Police Station, Thane, on every first Monday of each month between 10.00 a.m. and 12.00 noon 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 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.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )

3/3