Created by Fuzzy Cloud

Bombay High Court

INDRA LALBAHADUR KHATRIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court suspended the sentence and granted bail to the applicant pending the appeal, subject to conditions.

Summary

Indra Lalbahadur Khatri, convicted under the Maharashtra Control of Organised Crime Act, IPC Section 302 and the Arms Act for the murder of a driver named Arif on 17 May 2011, applied for suspension of his sentence and bail after serving over 13 years without remission. The prosecution opposed bail, emphasizing his primary role in the shooting. The court, noting the voluminous evidence, the pendency of the appeal, and relying on the principle from Saudan Singh v. State of Uttar Pradesh (2022), ordered the suspension of his sentence and granted bail with strict conditions, including residence outside Mumbai, regular police reporting, and surrender of passport. The applicant was required to furnish a bond of Rs.1 lakh with sureties. The interim application was allowed and disposed of.

Issues considered

  • Whether a convicted person serving a life sentence for murder can be granted bail pending appeal.
  • Whether the sentence can be suspended pending the final decision of the appeal.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • MCOC Act
  • organized crime
  • murder
  • arms act
  • appeal
  • interim application

Judgment

              Digitally signed
              by ARUNA
              SANDEEP
  ARUNA       TALWALKAR
  SANDEEP     Date:
  TALWALKAR   2026.10.09
              20:08:42
              +0530
                                                             303.IA138.2025.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 138 OF 2025
                                       IN
                         CRIMINAL APPEAL NO. 29 OF 2025
                                      WITH
                         CRIMINAL APPEAL NO. 29 OF 2025

Indra Lalbahadur Khatri.                           … Applicant
      Versus
State of Maharashtra & Ors.                        … Respondents

                                WITH
               CRIMINAL APPEAL NO. 493 OF 2018
                                WITH
               CRIMINAL APPEAL NO. 967 OF 2015
                                WITH
               CRIMINAL APPEAL NO. 968 OF 2015
                             --------------
Mr. Sudeep Pasbola a/w. Mr. Chinmay Godse, Mr. Vishal Kolekar,
Mr. Yash Kamble, Mr. Digambar Tamanke i/b. Mr. Randhir Kale,
Advocate for Applicant.
Mr. A.A. Palkar, APP for Respondent/State.
                             --------------
                              CORAM : M. S. KARNIK &
                                            SANDESH D.PATIL, JJ.

                                      DATE :   9th OCTOBER, 2026

P.C. :


1.            Heard the learned Counsel for the Applicant and the

learned APP for the State.

2.            This is an application for suspension of the sentence and

for enlarging the Applicant on bail. There are in all 7 accused. The


Talwalkar                            1
                                                         303.IA138.2025.odt



Applicant is accused No. 1.

3.          It is the case of the prosecution that one driver by name

Arif who was employed by Iqbal Kaskar was shot dead by the

Accused No. 1 on 17th May, 2011 at about 9.30 p.m. Accused No. 1

and Accused No. 2 were apprehended by local public when they

were trying to flee away by taxi. The investigation revealed that

there were 7 accused. They were chargesheeted under the

provisions of Section 3(1)(i), 3(2), 3(4) of the Maharashtra

Control of Organised Crime Act, 1999 (for short 'MCOC Act').

Accused Nos.1 and 2 were convicted for offences punishable under

Section 302 read with Section 34 of the Indian Penal Code and

Section 27 of the Arms Act.

4.          The learned Advocate for the Applicant submitted that

the Applicant has already undergone the sentence more than 13

years 4 months without remission and 15 years with remission.

He submits that it will take some time to decide the matter on

merits and hence the Applicant be released on bail.

5.          Mr. Palkar, Learned APP       for the respondent-State

vehemently opposed the present application. It is submitted that

the role of the Applicant is main in as much as he is the person



Talwalkar                        2
                                                       303.IA138.2025.odt



who carried out the shoot out. He contended that there are proper

findings rendered by the Court and therefore, pending this Appeal,

the Applicant may not be released on bail.

6.          We have heard the learned Senior Counsel Mr. Pasbola

appearing for the Applicant. He has relied upon the order dated

14th August, 2026 passed by this Court in Interim Application No.

4358 of 2023 whereby the Accused No. 4 was released on bail.

Although the role attributable to the present Applicant is that he

has used fire arms to carry out assault on deceased Arif and the

same has resulted in death, the matter is pending before us. There

are about 43 witnesses.

7.          Taking into consideration the voluminous evidence and

the pendency of the proceedings before us, it is not possible for us

to decide the matter immediately. In view of these facts and

circumstances of the case, relying upon the principle laid down

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

697, we are inclined to suspend the sentence and enlarge the

Applicant on bail inspite of the opposition from the learned APP

for the Respondent. The Applicant voluntarily undertakes to reside

outside limits of Mumbai and Mumbai Suburban districts. Hence,



Talwalkar                      3
                                                                303.IA138.2025.odt



we pass following order :

            (i)         The sentence imposed by the trial Court in

            MCOC Special Case No. 14 of 2011 by the Judgment and

            order dated 19th August, 2015 in respect of the applicant-

            original accused No.1- Indra Lalbahadur Khatri is suspended

            during the pendency of the present appeal.

            (ii)        The    applicant-original    accused   No.1-       Indra

            Lalbahadur Khatri is enlarged on bail in MCOC Special Case

            No. 14 of 2011 on his furnishing P. R. bond of Rs.One Lakh

            with one or more solvent local sureties in the like amount.

            (iii)       The applicant-original accused No.1 shall report

            after every fortnight between 11.00 a.m. and 1.00 p.m to the

            nearest police station to his residence.

            (iv)        The applicant shall furnish the details of his

            residential address and contact details to the Special Court

            before his enlarging on bail.

            (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.



Talwalkar                             4
                                                            303.IA138.2025.odt



            (vi)       The Applicant shall deposit passport, if any, to

            the concerned police station and he shall not leave State of

            Maharashtra without prior permission of this Court.

8.             The Interim Application is allowed in the aforesaid terms

and disposed of.



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




Talwalkar                           5


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.