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
- Foreigners Order, 1948 — s. Section 3(1)
- Indian Penal Code — s. 302
- Passport (Entry into India) Rules, 1950 — s. Rule 3 read with 6
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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