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Bombay High Court

SAMEER RAMCHANDRA KHARKARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

In view of the appellant’s extended period of incarceration and the precedent set in Saudan Singh v. State, the Court suspended the conviction’s operative effect and granted bail pending the appeal.

Summary

The appellant, Sameer Ramchandra Kharkar, was convicted in 2017 for murder and house‑trespass (IPC §§302, 452) arising from a knife‑attack on 23 April 2015. He contended that there were no eye‑witnesses, that he had exercised his right under Section 106, and that the incident amounted to culpable homicide not amounting to murder (IPC 304 (ii)) due to provocation. Having spent more than eleven years in custody, he sought suspension of the sentence and release on bail. The Court, invoking the principles from Saudan Singh v. State of Uttar Pradesh (2022), held that the prolonged incarceration warranted relief. Accordingly, the trial court’s sentence was suspended pending appeal and the appellant was released on bail subject to strict conditions.

Issues considered

  • Whether the conviction under IPC Section 302 is appropriate or should be treated as IPC Section 304 (ii) due to provocation
  • Whether the appellant’s prolonged custody justifies suspension of the sentence pending appeal
  • Whether bail can be granted to an appellant convicted of murder after more than eleven years of imprisonment
  • Whether the appellant has discharged the burden of proof under Section 106 of the IPC

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • murder
  • culpable homicide
  • IPC
  • Section 302
  • Section 304 (ii)
  • prolonged incarceration
  • right to silence

Judgment

          Digitally
          signed by                                             322-APEAL-795-2017(1).doc
          RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.21
          19:12:52       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          +0530


                              CRIMINAL APPELLATE JURISDICTION
                            INTERIM APPLICATION NO. 2703 OF 2026
                                                IN
                              CRIMINAL APPEAL NO. 795 OF 2017


                Sameer Ramchandra Kharkar                       ...Applicant
                     Versus
                The State of Maharashtra                        ...Respondent


                Mr. Gaurav Bhawnani a/w Mr. Fardin Shaikh h/f Khan Abdul Wahab
                for the Applicant.

                Mrs. M.M.Mhatre, A.P.P for the Respondent-State.

                                     CORAM : M. S. KARNIK &
                                             SANDESH D. PATIL JJ.
                                     DATE : 21st AUGUST, 2026



                P.C. :


                1.           Heard learned Counsel for the applicant.



                2.           This is an application for suspension of sentence enlarging

                the applicant on bail. The application is opposed by the learned APP.



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            It is the submission of the learned APP that instead of enlarging the

            applicant on bail, the appeal be heard finally.



            3.         It is not possible to hear the appeal finally considering the

            pendency of the matter for final hearing.



            4.         The date of the offence is 23 rd April, 2015. It is alleged

            that the applicant committed assault with the knife.            There are

            multiple injuries. The prosecution case is that on 23 rd April, 2015, at

            about 10.00 p.m., the informant and others heard sound from the

            house of the deceased. The informant by climbing on the

            neighboring room saw through the window that the accused was

            coming down from the stairs of the house. When the informant and

            other people entered the house, the accused was found hiding in the

            bathroom. Upon going upstairs, the deceased was found lying dead.

            The alleged incident was took place at about 9.30 p.m.



            5.         The applicant was convicted by the Trial Court on 14th


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            September, 2017 for the offence under Section 302 and Section 452

            of the Indian Penal Code.



            6.         The learned Counsel appearing for the applicant submits

            that there is no eye-witnesses. It is submitted that the applicant has

            discharged his burden under Section 106 by explaining facts which

            was within his exclusive knowledge.         Learned Counsel for the

            applicant submitted that the accused and the deceased were in the

            relationship and at the relevant time, the deceased had abused the

            applicant and his sister by uttering filthy language and abused his

            sister and that this provocation resulted in him losing his self-control

            resulting in assault.    Alternatively, the learned Counsel for the

            applicant submitted that this case is fall under Section 304(ii) of the

            Indian Penal Code and not under Section 302 of the Indian Penal

            Code.



            7.         The applicant is now in custody for more than 11 years

            and 3 months. In the light of the principles enunciated in Saudan


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

            inclined to suspend the sentence and enlarge the applicant on bail.



            8.         In the facts and circumstances, we enlarge the applicant

            on the bail on the following terms and conditions:

                                           ORDER

            (I)   The sentence imposed by the Trial Court in Sessions Case no.

            718 of 2015 shall stand suspended during the pendency of the

            Appeal.



            (ii) The Applicant – Sameer Ramchandra Kharkar shall be released

            on bail on furnishing P.R. Bond of Rs.25,000/- with one or two

            sureties of the like amount.



            (iii) The Applicant shall report once in two months to the Police

            Station where the crime was registered. The said reporting shall be

            on 1st Monday of the month when the reporting is due.




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            (iv) The Applicant shall give his address, mobile number to the

            Police Inspector of the Police Station where the crime was registered

            and in case of any change thereof, same shall also be intimated to the

            said Police Officer.



            (v)   The Applicant shall remain present before this Court, as and

            when the matter is taken up for hearing.



            (vi) The Interim Application is disposed of accordingly.




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




Wakodikar                                                                       5/5


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