Bombay High Court
NAYAN SURESH SHINDE AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the applicants are entitled to suspension of their sentence and release on bail during the pendency of the appeal.
Summary
The applicants, originally accused Nos.3 and 4, filed an interim application seeking suspension of their sentence and release on bail pending the appeal. The court noted that a co-accused, Naresh Donde (A‑2), had been released on bail, and that the eyewitness testimony linked the applicants' alleged conduct to that of Donde, establishing parity. The respondent’s counsel conceded that the applicants were entitled to claim the same treatment as the co‑accused. Accordingly, the court ordered that the substantive sentence be suspended and the applicants be released on bail subject to a bond and reporting conditions. The order also provided that repeated defaults could lead to cancellation of bail.
Issues considered
- Whether the applicants are entitled to suspension of their sentence and bail on the ground of parity with a co‑accused who was released on bail
Subjects
- bail
- suspension of sentence
- parity principle
- criminal appeal
- interim relief
Judgment
ssm 9-ia1889.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1889 OF 2025
IN
CRIMINAL APPEAL NO. 545 OF 2025
1) Nayan Suresh Shinde &
2) Avinash Pralhad Sawant …..Applicants
Vs.
State Of Maharashtra …..Respondent
____________________________________
Mr. Pratik Kalantri a/w Adv. Deepali Kasat for the Applicants.
Smt. Madhavi H. Mhatre APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 4th MARCH, 2026.
P.C.:-
1) This is an Application for suspension of sentence and releasing
the Applicants i.e. Original Accused Nos.3 and 4 on bail, during the
pendency of the Appeal.
2) Perusal of record indicates that, the co-accused (A-2) Naresh
Donde has been released on bail by this Court by an Order dated 13 th
February, 2026.
3) Further perusal of record and in particular the evidence of PW
No.3, an eye-witness indicates that, the role attributed to (A-2) Naresh
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ssm 9-ia1889.2025.doc
Donde and the present Applicants is same and/or similar i.e. assault to
deceased-Ritesh with fist and kick blows. Applicants therefore are entitled
to claim parity with co-accused Naresh Donde.
4) Learned APP after perusing the record fairly conceded to the
fact that, the Applicants are entitled to claim parity with the co-accused (A-
2) Naresh.
5) In view of the above, we are inclined to suspend the
substantive sentence imposed upon the Applicants and release them on bail,
during the pendency of the Appeal.
5.1) Hence, the following Order-
(i) During the pendency of the Appeal, the substantive
sentence imposed upon the Applicants is suspended.
(ii) Applicants be released on bail in Sessions Case No.263 of
2019 arising out of C.R. No.73 of 2019 registered with
Indiranagar Police Station, Nashik on their furnishing
separate P.R. bond of Rs.50,000/- with one or more
solvent local sureties in the like amount.
(iii) After their release from Jail and during the pendency of
the present Appeal, the Applicants shall attend
Indiranagar Police Station, District Nashik on every first
Monday of the month between 10:00 am and 12:00
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ssm 9-ia1889.2025.doc
noon initially for a period of one year.
After end of one year, the Applicants shall
attend Indiranagar Police Station, District Nashik on
every first Monday of the every 3rd Month between 10:00
am and 12:00 noon. The Applicants thus shall attend
Indiranagar Police Station, District Nashik four times in a
year during the pendency of the present 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.
6) Interim Application is allowed in the aforesaid terms.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.03.10
12:45:03 +0530
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