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Bombay High Court

AAKASH MADHUKAR KURNEKARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court held that, considering the simple nature of the injuries, the appellant's youth, and the pending appeal, the sentence should be suspended and bail granted.

Summary

The appellant, Aakash Madhukar Kurnekar, was convicted by a Sessions Judge for offences under Sections 307 and 452 of the Indian Penal Code, receiving seven years' rigorous imprisonment and a fine. He filed an interim application seeking suspension of the sentence and enlargement on bail pending the appeal, arguing that the injuries were simple, caused by a blunt object, and that there was no intention to cause death. The State opposed, citing corroborated testimony, medical reports, CCTV footage, and the recovery of the alleged weapon. The High Court examined the medical evidence, the nature of the injuries, the appellant's age, and the pending appeal, and concluded that the circumstances warranted discretion in favour of the appellant. Consequently, the court allowed the interim application, suspending the sentence until the appeal is decided and granting bail upon furnishing a bond and surety, with conditions attached.

Issues considered

  • Whether the conviction under Section 307 IPC, which requires an intention to cause death, is justified given the nature of the injuries.
  • Whether the sentence imposed should be suspended pending the final disposal of the appeal.
  • Whether the appellant is entitled to bail during the pendency of the appeal.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • Section 307 IPC
  • intent to cause death
  • interim application
  • criminal appeal
  • age of accused

Judgment

                                                                       7 APEAL-709-26.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL NO. 709 OF 2026

                   Aakash Madhukar Kurnekar                               ..Appellant

                           Versus

                   The State of Maharashtra & anr.                    …Respondents

                                                 WITH
                                 INTERIM APPLICATION NO. 2853 OF 2026
                                                  IN
                                    CRIMINAL APPEAL NO. 709 OF 2026

                   Mr. Amol A Shinde a/w Ms. Alfiya R Shaikh, for the
                        Appellant/Applicant.

                   Mr. D J Haldankar, APP for Respondent - State.

                                              CORAM :       N. J. JAMADAR, J.
                                              DATE     :    20th August 2026
SAINATH
SANJAY
                   P.C.:
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.08.25
                                                APPEAL/709/2026
12:54:27 +0530



                   1.      Heard.

                   2.      Admit.

                   3.      Issue notice to the respondents.

                   4.      Mr. Haldankar, the learned APP, waives notice for the

                   Respondent No.1.

                   5.      In addition to notice through Court, the appellant is at

                   liberty to serve the Respondent No.2 by private service and file

                   an Affidavit of Service.


                   SAINATH, PA                        1/6
                                                  7 APEAL-709-26.DOC

6.     Call R & P.

                            IA/2853/2026

7.     This is an application for suspension of sentence and to

enlarge the applicant on bail during the pendency of the appeal.

The applicant was prosecuted for the offenfces punishable

under Sections 307, 323, 324, 427, 452, 504, 506 and 509 of

the Indian Penal Code, 1860 (“IPC”).

8.     The gravamen of indictment against the applicant was

that, as a sequel to a quarrel that had taken place on 27 th July,

2020 at about 04:00 p.m., the applicant had forcibly entered the

house of the informant and assaulted Sanket (PW-2) by means

of an axe, damaged the Air Cooler and the other articles, in the

house of the informant.

9.     By the impugned judgment and order, the learned

Sessions Judge was persuaded to return the finding of guilt

against the applicant for the offences punishable under Sections

307 and 452 of IPC and acquit the applicant of the offences

punishable under Sections 427, 504, 506 and 509 of IPC. For

the offences punishable under Sections 307 and 452 of IPC, the

applicant has been sentenced to suffer rigorous imprisonment

for 7 years and pay fine of Rs.10,000/-, on each count, with

default stipulation.


SAINATH, PA                       2/6
                                                7 APEAL-709-26.DOC

10.    Mr. Amol Shinde, the learned Counsel for the applicant,

submitted that, the learned Sessions Judge committed a grave

error in convicting the applicant for the offence punishable

under Section 307 of IPC. Both the alleged victims had suffered

simple injuries only. There was no intention to cause death. The

medical evidence indicates that, the injuries were allegedly

caused to the victims by hard and blunt object and not a sharp

weapon like axe. The applicant was 22 years of age at the time

of the alleged occurrence. Therefore, the sentence be suspended

and the applicant be enlarged on bail.

11.    In opposition to this, Mr. Haldankar, the learned APP,

submitted that the testimony of the injured and the informant

(PW-1 to PW-3) finds corroboration in the medical evidence as

well as the electronic evidence in the form of CCTV footage.

Moreover, the weapon was recovered pursuant to the discovery

made by the applicant. Since there is overwhelming evidence

against the applicant which fully justifies the impugned

judgment and order, this Court may not exercise the discretion

to release the applicant on bail.

12.    I have perused the evidence and material on record. The

genesis of the offences appears to in the previous quarrel

between the members of the rival fractions. The medical


SAINATH, PA                         3/6
                                                   7 APEAL-709-26.DOC

certificates of both the victims indicate that, Sandesh Kamble

(PW-1), had sustained one CLW and two abrasions and Sanket

Kamble (PW-2) had sustained two CLWs only. The Medical

Officer had designated the injuries as simple. The injuries were

stated to have been caused due to the hard and blunt object.

The medical evidence also renders the aspect of the use of the

axe as a weapon of offence debatable as the Medical Officer has

categorically testified that, the injuries were caused by the hard

and blunt object. In the backdrop of the aforesaid nature of the

medical evidence, the question as to whether there was intent to

commit murder would warrant consideration at the final

hearing of the appeal.

13.      It is true that, for an offence punishable under Section

307 of IPC, the proof of injuries is not indispensable. Yet, in the

circumstances of the case, whether the applicant had necessary

intention to commit the murder of the injured is a matter which

merits serious consideration at the appeal.

14.    In the aforesaid view of the matter and having regard to

the genesis and nature of the occurrence, and age of the

applicant, this Court is inclined to exercise the discretion. The

Court also cannot loose sight of the fact that, having regard to

the large pendency of the cases before this Court, this Appeal


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cannot be taken up for hearing and final decision in the near

future. Thus, the application for suspension of sentence

deserves to be allowed.

15.    Hence, the following order :-

                               ::ORDER::

       (i)    The Interim Application stands allowed.

       (ii)   The    substantive   sentence    imposed     by   the

       learned      Sessions   Judge    in   Sessions   Case    No.

       84/2021, arising out of CR No. 192/2020 registered

       with Sarkarwada Police Station on           the Applicant

       stands suspended till the final disposal of the appeal.

       (iii) The Applicant – Aakash Madhukar Kurnekar, be

       enlarged on bail on furnishing a PR Bond in the sum

       of Rs.25,000/- and a surety in the like amount to the

       satisfaction of the learned Sessions Judge.

       (iv)      The Applicant shall mark his presence at

       Sarkarwada Police Station, on the first Monday of

       September and March every year, till the disposal of

       the appeal.

       (v) Upon being released the Applicant shall furnish

       his address and cell phone number to the Police




SAINATH, PA                            5/6
                                                   7 APEAL-709-26.DOC

       Station Officer, Sarkarwada Police Station and shall

       keep him informed about the change therein.

       (vi)       The applicant shall not enter the limits of

       Sarkarwada Police Station for a period of 3 years or

       till the final disposal of the appeal, whichever is

       earlier.

       (vii)   The Applicant shall attend the proceedings in

       this appeal, as and when directed.



                                          [N. J. JAMADAR, J.]




SAINATH, PA                         6/6


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