Bombay High Court

NANDKUMAR BABAJI TANDELversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The High Court held that the sentence may be suspended during the pendency of the appeal, and consequently allowed the application for suspension and bail.

Summary

The appellant, Nandkumar Babaji Tandel, was convicted by the Additional Sessions Judge, Chiplun, for murder (IPC s.302), attempt to murder (IPC s.307) and dacoity (IPC s.452), receiving a life term and additional imprisonments with fines. He filed an interim application under Section 235(2) of the CrPC seeking suspension of the sentence pending his appeal filed in 2023. The High Court noted that more than two years had elapsed since its earlier order allowing a fresh application and that the appellant had been incarcerated for over eight years. Considering the prolonged detention and the pending appeal, the Court allowed the application, suspending the substantive sentence during the appeal and granting bail upon furnishing a bond of Rs.30,000 with sureties. The order also directed the appellant to cooperate for an early hearing of the appeal.

Issues considered

Whether a sentence imposed by a trial court can be suspended pending the final hearing of an appeal when the appellant has been incarcerated for a prolonged period.

Legislation cited

Code of Criminal Procedure — s. 235(2)
Indian Penal Code, 1860 — s. 302, 307, 452

Subjects

suspension of sentence
appeal pending
life imprisonment
bail
Criminal Procedure Code
Section 235 CrPC
murder
attempt to murder
dacoity
prolonged incarceration

Judgment

2026:BHC-KOL:8811-DB

8-CRIA-1506-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 1506 OF 2025
IN
CR. APPEAL NO. 754 OF 2023

Nandkumar Babaji Tandel ...Applicant.
Versus
The State Of Maharashtra ...Respondent.
——————
Mr. Rohan Surve (through VC), Advocate for the Applicant
Mr. S. H. Yadav, APP for the Respondent - State
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 11, 2026.
P. C. :

1. This is an Application for suspension of sentence imposed by the

Additional Sessions Judge, Chiplun, in Sessions Case No.42/2020, by

Judgment and Order dated 06.05.2023, convicting and sentencing the

Applicant – Appellant as follows :

1) Accused Nandkumar Babaji Tandel is hereby convicted under
Section 235(2) of the Code of Criminal Procedure for the
offence punishable under Section 302 of the Indian Penal Code
and he is sentenced to suffer rigorous imprisonment for life
and also to pay fine of Rs. 10,000/- (Rs. Ten thousand only) in
default to suffer simple imprisonment for 06 six months.

2) Accused Nandkumar Babaji Tandel is hereby further convicted
under Section 235(2) of the Code of Criminal Procedure for the
offence punishable under Section 307 of the Indian Penal Code
and he is sentenced to suffer rigorous imprisonment for 10
years and also to pay fine of Rs. 5,000/- (Rs. Five thousand
only) to suffer simple in default imprisonment for 03 three
months.

Sameer 1 of 3
8-CRIA-1506-2025.doc

3) Accused Nandkumar Babaji Tandel is hereby further convicted
under Section 235(2) of the Code of Criminal Procedure for the
offence punishable under Section 452 of the Indian Penal Code
and he is sentenced to suffer rigorous imprisonment for 3 years
and also to pay fine of Rs. 3,000/- (Rs. Three thousand only) in
default to suffer simple imprisonment for 02 two months.
4) …. ….. …… ….. …… ….. …… ….. ……
5) …. ….. …… ….. …… ….. …… ….. …
6) …. ….. …… ….. …… ….. …… ….. ……
7) …. ….. …… ….. …… ….. …… ….. ……
8) …. ….. …… ….. …… ….. …… ….. ……
9) …. ….. …… ….. …… ….. …… ….. ……”

2. This is the second Application by the Applicant – Appellant for

suspension of sentence. This Court, by order dated 16.01.2024 in

Interim Application No.2420/2023 permitted withdrawal of the

Application with liberty to file a fresh Application, if the Appeal is not

taken up for final hearing within a period of one (01) year.

3. Heard both the sides.

4. The period of two (02) years has passed from the said order of

this Court. The Applicant – Appellant is behind bars for a period of more

than eight (08) years. The Appeal is of 2023 and may take some time for

final hearing. Hence, on the ground of long incarceration, we proceed to

pass the following order :

ORDER

[a] The Application is allowed.

[b] The substantive sentence imposed by the Additional Sessions
Judge, Chiplun, in Sessions Case No.42/2020, by Judgment and

Sameer 2 of 3
8-CRIA-1506-2025.doc

Order dated 06.05.2023 on the Applicant / Appellant, is
suspended during pendency of the Appeal.

[c] Applicant - Nandkumar Babaji Tandel be released on bail on
furnishing P. R. Bond of Rs.30,000/- (Rupees Thirty Thousand
Only) with one or two sureties in the like amount.

[d] The Applicant shall co-operate in early hearing of the Appeal.

[e] Bail before the learned Trial Court.

[f] Application stands disposed of accordingly.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Sameer 3 of 3

Continue reading with your account

Checking your session…