Bombay High Court
Kumar Babaso Kamble vs State Of Maharashtra on 2 February, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:6397-DB
RVC 34 IA-4210-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4210 OF 2023
IN
CRIMINAL APPEAL NO. 1141 OF 2023
Kumar Babaso Kamble ... Applicant
V/s.
The State of Maharashtra ... Respondent
Ms. Misbaah Solkar a/w Faiza Gawandi for Applicant.
Ms. A.A. Takalkar, APP for Respondent-State.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 2nd February 2024
P.C. :
1) This is an application for suspension of sentence and releasing
the Applicant on bail.
2) Heard Ms. Solkar, learned Advocate for Applicant and
Ms.Takalkar, learned A.P.P. for Respondent-State. Perused record.
3) Applicant is convicted under Sections 302 and 307 of the Indian
Penal Code and sentenced to suffer imprisonment for life by the learned
Additional Sessions Judge, Jaysingpur, District Kolhapur by its impugned
Judgment and Order dated 4th August 2023 in Sessions Case No.13 of 2013.
4) Record prima facie indicates that, there was a free fight ensued
between the Applicant and deceased and in the said fight, the Applicant
RVC 34 IA-4210-2023.doc
assaulted deceased and injured witness with a dagger.
5) It is an admitted fact on record that, since the date of his arrest i.e.
3rd April, 2013, the Applicant is in incarceration and as of today, has
undergone actual imprisonment of 10 years and 10 months.
6) In view of the Guidelines issued by the Hon'ble Supreme Court
in the case of Saudan Singh Vs. The State of Uttar Pradesh in Criminal
Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021], dated 25 th
February 2022 and the view expressed in cases of (i) Suleman Vs. The State
of Uttar Pradesh, Criminal Appeal No. 491 of 2022 (Arising out of SLP (Crl)
No. 1451 of 2022) dated 25th March 2022 and (ii) Dinesh @ Paul Daniel
Khajekar Vs. State of Maharashtra & Anr., Criminal Appeal No. 2987 of 2023
(Arising out of S.L.P. (Crl.) No. 10320 of 2023) dated 25th September 2023,
the Applicant is entitled to be released on bail during the pendency of
Appeal.
7) Hence, the following Order.
(i) Applicant shall be released on bail in Sessions Case No.
13/2013, arising out of CR No. 34 of 2013 registered with
Police Station, Shirol, District Kolhapur, on his furnishing
P.R. bond of Rs.25,000/- with one or two solvent local
sureties in the like amount.
RVC 34 IA-4210-2023.doc
(ii) After his release from Jail and during the pendency of the
present Appeal, the Applicant shall attend Police Station,
Shirol, District Kolhapur, on every first Monday of the
month between 10:00 am and 12:00 noon initially for a
period of one year.
After end of one year, the Applicant shall attend
Police Station, Shirol, District Kolhapur, on every first
Monday of the every 3rd Month between 10:00 am and
12:00 noon. The Applicant thus shall attend Police
Station, Shirol, District Kolhapur, four times in a year
during the pendency of the present Appeal.
(iii) 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.
(iv) Applicant shall inform his prospective residential address
to the trial Court. Applicant shall keep informed the trial
Court any change in his residential address and his mobile
number, on which he can be contacted.
(v) Applicant shall make himself available at the time of final
hearing of the Appeal.
8) Interim Application is allowed in the aforesaid terms.
( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )
