Allowed¶29

Dattaram Gopal Chavan v. the State of Maharashtra

Bombay HC14 Jan 2026IA/3713/2025

Case brief

AI extract

What is this about?

Keywords: suspension of substantive sentence; imprisonment for life; Section 302 IPC; murder; circumstantial evidence; blood-stained clothes; Chemical Analyser report; post-conviction bail; interim application in pending criminal appeal; Sessions Case No. 34 of 2015 Ratnagiri; Criminal Appeal No. 991 of 2018; Dattaram Gopal Chavan v. State of Maharashtra; Bombay High Court Kolhapur Circuit Bench; R.G. Avachat; Ajit B. Kadethankar; 19 January 2026; bail Rs. 15,000/-; defence through Legal Aid (Kushal Mor); APP Anand Shalgaonkar; property dispute between two families.

What did the court decide?

Suspension of the substantive sentence of imprisonment for life till the final disposal of Criminal Appeal No. 991 of 2018; release on bail of Rs.15,000/- with one or more solvent sureties of like amount; bail before the trial Court. ¶29

Dattaram Gopal Chavan vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the substantive sentence of imprisonment for life imposed on the applicant (convicted under Section 302 IPC in Sessions Case No. 34 of 2015) should be suspended and the applicant released on bail pending final disposal of Criminal Appeal No. 991 of 2018.

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Court's answer

The Court observed that the case is admittedly based on circumstantial evidence and that the Chemical Analyser's report regarding blood stains on the clothes of the applicant does not support the prosecution case.

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Ratio / Principle

As the applicant had been behind bars for a little over 9 years and 8 months and there was every possibility that the appeal may not be taken up for hearing in the near future, the Court, without expressing any opinion on the merits of the case, was inclined to allow the application.

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Key takeaways

The substantive sentence imposed on the applicant by judgment and order dated 09.05.2017 in Sessions Case No. 34 of 2015 shall remain suspended till the final disposal of Criminal Appeal No. 991 of 2018.ratio¶26
The applicant is to be released on furnishing bail in the sum of Rs.15,000/- with one or more solvent sureties of like amount, bail to be furnished before the trial Court.ratio¶27

Detailed headnote1 paragraphs

Criminal Appeal No. 991 of 2018 (High Court of Judicature at Bombay, Circuit Bench at Kolhapur) — Interim Application No. 3713 of 2025: Suspension of sentence granted. Dattaram Gopal Chavan, convicted under Section 302 IPC and sentenced to imprisonment for life by the learned Additional Sessions Judge, Ratnagiri (Sessions Case No. 34 of 2015, judgment and order dated 09.05.2017), sought suspension of his substantive sentence pending hearing of his appeal. Coram R.G. Avachat and Ajit B. Kadethankar, JJ. (19.01.2026) allowed the application without expressing any opinion on the merits, noting: (i) the case rests on circumstantial evidence; (ii) the Chemical Analyser's report regarding blood stains on the applicant's clothes does not support the prosecution case; (iii) the applicant had already been behind bars for a little over 9 years and 8 months; and (iv) the appeal was unlikely to be taken up for hearing in the near future. The substantive sentence shall remain suspended till the final disposal of Criminal Appeal No. 991 of 2018; the applicant is to be released on bail of Rs. 15,000/- with one or more solvent sureties of like amount, bail before the trial Court.

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3-IA-3713-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

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CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 3713 OF 2025 IN

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CRIMINAL APPEAL NO. 991 OF 2018

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Dattaram Gopal Chavan ...Applicant Versus The State Of Maharashtra ...Respondent

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Mr. Kushal Mor, (Appointed Through Legal Aid) a/w. Kewal Khandagale a/w. Shantanu Gurav, Advocate for applicant.

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Mr. Anand Shalgaonkar, APP for the State.

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CORAM : R.G. AVACHAT AND AJIT B. KADETHANKAR, JJ.

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DATE : 19^th JANUARY, 2026. P.C:

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Heard.

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This an application for suspension of substantive sentence of imprisonment for life, imposed upon applicant by the learned Additional Sessions Judge, Ratnagiri in Sessions Case No.34 of 2015 vide its judgment and order dated 09^th May 2017 for offence

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punishable under Section 302 of Indian Penal Code, 1860.

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According to the learned Advocate for the applicant, the case

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is based on circumstantial evidence. The applicant was arrested about 24 hours after the incident and was found at his own house. It is alleged that the clothes found on the applicant had blood stains. However, the Chemical Analyser’s report does not support the prosecution case. It is further submitted that the applicant has been behind bars for close to 10 years. Considering that the appeal may take some time to be taken up for hearing, the learned Advocate for the applicant urges for grant of the application.

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The learned APP submits that the incident occurred on account of a property dispute between two families and that the applicant was arrested within a few hours of the incident. According to him, the State is ready to argue the appeal on merits.

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We have considered the submissions advanced by both sides. Admittedly, the case is based on circumstantial evidence. The Chemical Analyser’s report regarding blood stains on the clothes of the applicant does not support the prosecution case. Since the applicant has been behind bars for the last little over 9 years and 8 months, and there is every possibility that the appeal may not be taken up for hearing in the near future, without expressing any opinion on the merits of the case, we are inclined to allow the

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application. Hence, we pass the following order :

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ORDER

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(i) The substantive sentence imposed on Applicant by the learned Additional Sessions Judge, Ratnagiri by his judgment and order dated 9^th May 2017 in Sessions Case No.34 of 2015 shall remain suspended till the final disposal of Criminal No.991 of 2018.

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(ii) The applicant be released on furnishing bail in the sum of Rs.15,000/- with one or more solvent sureties of like amount.

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(iii) Bail before the trial Court.

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The application stands disposed of.

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[AJIT B. KADETHANKAR, J.] [ R.G. AVACHAT J.]

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Dattaram Gopal Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dattaram Gopal Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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