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Bombay High Court

AFZAL SULEMAN KHAN @ PARVESH @ PARMESH GUDDU GUPTA @ PABHUJYOT SINGHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted bail to the applicant, suspending the trial‑court sentence during the pendency of the appeal.

Summary

The Bombay High Court considered an interim bail application filed by Afzal Suleman Khan, convicted of murder under Section 302 of the IPC and offences under the Passport (Entry Into India) Rules, 1950 and the Foreigners Order, 1948. The applicant had been in custody for over 13 years and his appeal (Criminal Appeal No. 330 of 2016) was pending. The State opposed bail, arguing the seriousness of the offence and the applicant’s non‑residence in Maharashtra. Relying on the Supreme Court’s decision in Saudan Singh v. State of Uttar Pradesh and noting the presence of more than twelve witnesses, the Court granted bail, suspending the trial‑court sentence during the pendency of the appeal and imposing strict conditions. The interim application was allowed and disposed of.

Issues considered

  • Whether bail can be granted to a convicted murderer pending appeal
  • Whether the trial‑court sentence can be suspended during the pendency of the appeal
  • Whether the applicant’s non‑residence in Maharashtra affects bail eligibility

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • appeal
  • sentence suspension
  • legal aid
  • passport rules
  • foreigners order
  • interim application
  • criminal appellate jurisdiction

Judgment

              Digitally signed
              by ARUNA
              SANDEEP
  ARUNA       TALWALKAR
  SANDEEP     Date:
  TALWALKAR   2026.10.09
              20:08:41
              +0530
                                                          304.IA1342.2025.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1342 OF 2025
                                       IN
                        CRIMINAL APPEAL NO. 330 OF 2016

Afzal Suleman Khan @ Parvesh@ Parmesh
Guddu Gupta @ Pabhujyot Singh.                      … Applicant
      Versus
State of Maharashtra & Ors.                         … Respondents
                             --------------
Mr. Ajinkya Udane, Advocate for Applicant appointed through
Legal Aid.
Mr. A.A. Palkar, APP for Respondent/State.
                             --------------
                              CORAM : M. S. KARNIK &
                                            SANDESH D.PATIL, JJ.

                                      DATE :   9th OCTOBER, 2026

P.C. :

1.            The Applicant has preferred this Application through jail

for his release on bail.          This Court has appointed Mr. Ajinkya

Udane, learned Counsel through Legal Services for the purpose of

representing the Applicant.

2.            The Applicant is facing trial for the offences punishable

under Section 302 of the Indian Penal Code, 1860(“IPC” for short),

under Rule 3 r/w. 6 of the Passport (Entry Into India) Rules, 1950

3(1) of the Foreigners Order, 1948. The Applicant was convicted


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for committing murder of Manager of the Hotel Anand Narayan

Pujari on 21/9/2011. The trial commenced and impugned order

was passed. The appeal is pending for consideration before this

Court.

3.          Mr. Ajinkya Udane, learned Counsel appearing for the

Applicant stated that the Applicant has already undergone more

than 12 years and that there are 12 witnesses who have deposed in

detail about the incidence. He prays for releasing the Applicant on

bail.

4.          Mr. Palkar, learned APP strongly resisted the Application.

He states that the Applicant had committed murder of the

Manager of the Hotel where he was working. He submitted that

the Applicant is not resident of Maharashtra and therefore, it

would be difficult to pursue his attendance. He has relied upon

the nominal role where the accused has already undergone actual

imprisonment of more than 13 years and imprisonment of 14 years

with remission.

5.          Taking into consideration the Judgment in the matter of

Saudan Singh Vs. State of Uttar Pradesh, 2022 SCC Online SC 697,

and further the fact that there are more than 12 witnesses



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examined in this Appeal, further taking into consideration the fact

that there are many appeals which are prior to year 2016 pending

before this Court, it is not possible for this Court to decide the

Appeal immediately.

6.                In the light of the aforesaid facts and circumstances, we

are inclined to enlarge the Applicant on bail on the following terms

and conditions :

            (i)           The sentence imposed by the trial Court in S.C.

            No. 323 of 2012 by the Judgment and order dated 29 th

            October, 2015 in respect of the Applicant-Afzal Suleman

            Khan @ Parvesh@ Parmesh Guddu Gupta @ Pabhujyot Singh

            is suspended during the pendency of the present appeal.

            (ii)          The Applicant- Afzal Suleman Khan @ Parvesh@

            Parmesh Guddu Gupta @ Pabhujyot Singh is enlarged on

            bail in S.C. No. 323 of 2012 on his furnishing P. R. bond of

            Rs.50,000/- with one or two solvent local sureties in the like

            amount.

            (iii)         The Applicant shall not leave the State of

            Maharashtra without permission of this Court.

            (iv)          The Applicant shall deposit passport with the



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            concerned police station.

            (v)         The Applicant shall report to the concerned

            police station after every fortnight between 11.00 a.m. and

            1.00 p.m.

            (iv)        The applicant shall furnish the details of his

            residential address and contact details to the trial Court

            before his enlarging on bail as well to the Pant Nagar Police

            Station.

            (v)         The applicant shall undertake to remain present

            at the time of final hearing of the appeal. In case of two

            consecutive defaults in attendance, prosecution is at liberty

            to file an application for cancellation of bail.

            (vi)           The copy of the order be sent to the jail through

            Legal Services Authorities. Jail Authorities are directed to act

            accordingly.

            (vii)       Copy of this order also be served upon the Legal

            Services Authorities to enable the Legal Services Authorities

            to disburse the professional      fees of Mr. Ajinkya Udane,

            learned Advocate appearing for the Applicant.




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7.          The Interim Application is allowed in the aforesaid terms

and disposed of.


(SANDESH D.PATIL, J.)                    (M. S. KARNIK, J.)




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