Bombay High Court
AJAY ATMARAM JADHAV @ MOHD. MUSTAFA SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
Holding
The High Court suspended the life sentence and granted bail to the applicant pending the appeal.
Summary
The applicant, Ajay Atmaram Jadhav, was convicted of murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment in 2016. He has been in custody for more than twelve years, having previously been released on COVID bail and a furlough without any adverse conduct. The State opposed his interim bail application, citing the alleged strangulation of his wife. Relying on the Supreme Court's dictum in Saudan Singh v. State of Uttar Pradesh (2022 SCC OnLine SC 697) regarding prolonged incarceration, the High Court considered the merits of granting bail. The Court suspended the trial court's sentence pending the pending appeal and ordered the applicant to be enlarged on bail upon furnishing a personal bond of Rs.25,000 with sureties. The bail was conditioned on regular reporting to the police, furnishing contact details, and payment of any fine. The interim application was disposed of, granting bail subject to the stipulated conditions.
Issues considered
- Whether a life‑imprisoned convict who has spent over ten years in custody is entitled to bail pending appeal
- Whether the sentence should be suspended in view of the Supreme Court precedent in Saudan Singh v. State of Uttar Pradesh
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- bail
- life imprisonment
- Section 302 IPC
- sentence suspension
- long custodial period
- Supreme Court precedent
- criminal appeal
- interim application
Judgment
2026:BHC-AS:31554-DB
Bhogale 306.ia-2056-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2056 OF 2025
IN
CRIMINAL APPEAL NO.86 OF 2017
Ajay Atmaram Jadhav @ Mohd. Mustafa
Shaikh … Applicant
Versus
The State of Maharashtra .… Respondent
****
Adv. Ganesh Bhujbal, for the Applicant appointed through Legal
Aid.
Ms. Supriya Kak, APP for the respondent-State.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 31st JULY 2026
P.C. :
1. Heard learned counsel for the parties.
2. Learned APP opposed the application for bail. It is
submitted by learned APP that the applicant has strangulated his
wife. It is submitted by the learned APP that there were constant
quarrels between the applicant and his deceased wife and even
one day prior to the death of the applicant’s wife, the parents of
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the deceased tried to persuade the couple not to quarrel and sort
out their issues.
3. The applicant was arrested on 09/05/2013. The
petitioner was convicted by the Trial Court for the offence
punishable under Section 302 of the Indian Penal Code and
sentenced to suffer imprisonment for life. The applicant has now
undergone more than 12 years of actual imprisonment. The
applicant was on Covid bail and has surrendered as directed.
Further, the applicant was also released on furlough. He
surrendered within the stipulated time. There is nothing adverse
reported against the applicant as regards his conduct in custody.
4. Considering the pendency of the older appeals, it may not
be possible for us to give a priority to this appeal, which is of the
year 2017. Considering that the applicant has been in custody for
more than 10 years, following the dictum of the Hon’ble Supreme
Court in Saudan Singh vs. State of Uttar Pradesh1 and considering
the facts and circumstances of this case, we are inclined to suspend
the sentence and enlarge the applicant on bail. Hence, the
1 2022 SCC OnLine SC 697
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Bhogale 306.ia-2056-2025.odt
following order :-
ORDER
(i) The sentence imposed by the Trial Court vide
judgment and order dated 1st February 2016 in respect of
C.R. No.I-396 of 2012 in Sessions Case No.356 of 2013
of Kalwa Police Station stands suspended during the
pendency of this appeal.
(ii) The applicant - Ajay Atmaram Jadhav @ Mohd.
Mustafa Shaikh be enlarged on bail during the pendency
of this appeal on his furnishing a P.R. Bond in the sum of
Rs.25,000/- with one or more sureties in the like amount
to the satisfaction of the Trial Court.
(iii) The applicant shall report to the Kalwa Police
Station once every three months on the first Monday of
the concerned month commencing September 2026.
(iv) The applicant shall furnish his contact details
and residential address to the Trial Court before being
enlarged on bail.
(v) If the fine amount is not paid, the same shall be
paid before his release.
(vi) The applicant shall attend the hearing when the
appeal is taken up for final hearing.
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5. The interim application is disposed of in the above terms.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 31/07/2026 19:17:06 4
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