Bombay High Court
VISHAL MADHAVRAO DONGAREversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The court held that, given the reliance on dying declarations and the expected delay in the appeal, the applicant is entitled to suspension of the sentence and bail pending the appeal.
Summary
Vishal Madhavrao Dongare, a doctor, was convicted by the Additional Sessions Judge, Udgir, for offences under Sections 498‑A (dowry death) and 306 (abetment of suicide) of the IPC, based primarily on three dying declarations of his wife, who had set herself ablaze amid a dispute linked to his alleged liquor addiction. He filed a criminal application seeking suspension of his sentence and bail pending the hearing of Criminal Appeal No. 180 of 2026. The State opposed, arguing that the conviction was firmly supported by consistent dying declarations. The High Court, noting the reliance on the dying declarations, the circumstances of the wife’s self‑immolation, and the anticipated delay in the appeal, granted the relief sought. The court suspended the substantive sentence until the appeal is finally decided and released the applicant on bail with a bond of Rs. 15,000 and conditions for periodic appearance before the trial court.
Issues considered
- Whether a sentence can be suspended and bail granted pending the final disposal of an appeal when the conviction rests on dying declarations.
- Whether the circumstances of the deceased’s self‑immolation and the appellant’s alleged liquor addiction justify bail.
Legislation cited
- Indian Penal Code, 1860 — s. 304-B, 306, 34, 498-A, 504
Subjects
- dowry death
- abetment of suicide
- dying declaration
- bail
- suspension of sentence
- criminal appeal
- high court
Judgment
2026:BHC-AUG:12453
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
914 CRIMINAL APPLICATION NO. 997 OF 2026
IN CRIMINAL APPEAL NO. 180 OF 2026
Vishal Madhavrao Dongare
Age : 32 years, Occu: Doctor,
R/o : Swami Vivekanand Nagar,
Degllor Road, Udgir, District Latur.
The accused is in Latur District Prison,
Latur. ... Applicant
Versus
The State of Maharashtra,
Through Police Inspector,
Police Station, Jalkot, Taluka Jalkot,
District Latur. ... Respondent
.....
Advocate for Applicant : Mr. Nikhilesh K. Tungar
APP for Respondent-State : Mr. V. M. Jaware
...
CORAM : ABHAY S. WAGHWASE, J.
DATED : 24 MARCH, 2026
PER COURT :-
1. Instant application is for suspension of sentence and grant of
bail by virtue of judgment and order of conviction dated 10.03.2026
recorded by learned Additional Sessions Judge, Udgir, District Latur
in Sessions Case No. 13 of 2013.
2. Learned counsel pointed out that applicant faced trial for
offence under Sections 498-A, 304-B, 504 r/w 34 of IPC but he came
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to be convicted for offence under Sections 498-A and 306 of IPC by
awarding sentence of five years and two years respectively, for each
of the offence. According to him, marriage is of 2009, but in the rage
of anger, only in the backdrop of liquor addiction of husband, wife set
herself ablaze and succumbed to the burn injuries. He further pointed
out that there are three dying declarations. That, in the first dying
declaration, she gave statement that husband tried to extinguish the
fire. Thus, according to him, only on the strength of dying
declarations, there is conviction. He also pointed out that, for the first
time allegations of demand are raised in the third dying declaration.
According to him, as appeal would take sufficiently long time to be
heard and concluded, during its pendency he urges for relief of
suspension of sentence and grant of bail.
3. Learned APP would put up stiff resistance on the ground that
upon full-fledge trial and on complete appreciation of evidence,
conviction has been recorded. According to him there are three
consistent dying declarations. On above grounds, relief is opposed.
4. Heard. Perused the papers. It emerges thereupon that, present
applicant faced trial vide Sessions Case No. 13 of 2013 for charges
under Sections 498-A, 304-B, 504 r/w 34 of IPC but he came to be
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convicted for offence under Sections 498-A and 306 of IPC by
judgment and order dated 10.03.2026. Against the same, appeal has
been preferred recently. Statement is made across the bar that
applicant was on bail during trial. Taking into account that conviction
is based on three dying declarations and that, in the very first one,
which falls in chronology, deceased reported that husband attempted
to douse the fire, and the fact that wife set herself ablaze in the rage
of anger on account of liquor addiction of husband, and also taking
into account the fact that some more time would be required to hear
the appeal, relief as prayed deserves to be granted. Hence, the
following order :
ORDER
I. Criminal Application stands allowed.
II. The substantive sentence imposed on the applicant Vishal
Madhavrao Dongre in Sessions Case No. 13 of 2013 by the
Additional Sessions Judge, Udgir, District Latur on 10.03.2026
stands suspended till the final hearing and disposal of Criminal
Appeal No. 180 of 2026.
III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
Fifteen Thousand Only) with two solvent sureties in the like
amount.
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IV. The applicant shall not commit any criminal activity.
V. The applicant shall remain present before the learned trial Judge
once in six months, till final hearing and disposal of the appeal,
commencing from the date he tenders bail papers and thereafter,
the trial Judge to fix dates for his subsequent appearances.
VI. In case of two consecutive defaults on the part of the applicant to
remain present before the trial court, the trial court to inform
this court about the same and in that eventuality, the
prosecution would be at liberty to file an application for
cancellation of bail granted to the applicant.
VII. Bail before the trial court.
[ABHAY S. WAGHWASE, J.]
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