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Bombay High Court

NILESH DINKAR DHOKEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court held that the appellant’s case falls within Section 304 Part II and therefore granted bail with suspension of the sentence.

Summary

The appellant, Nilesh Dinkar Dhoke, was convicted under Sections 302, 427 and 34 of the IPC and sentenced to life imprisonment. He filed an interim application seeking suspension of the sentence and release on bail, relying on earlier bail orders granted to his co‑accused, Pallavi Nilesh Dhoke and Prasad Shirish Mule. The Division Benches had held that the facts suggested no intention to murder and that the case could fall under Exception 4 of Section 300, i.e., culpable homicide not amounting to murder under Section 304 Part II. The learned A.P.P. argued that an iron rod recovered from the appellant indicated a greater role, but the Court found the circumstances identical to those of the co‑accused. Consequently, the Court extended the benefit of bail to the appellant, suspending the life sentence pending the appeal and imposing standard bail conditions. The application was allowed and disposed of.

Issues considered

  • Whether the appellant is entitled to bail and suspension of his life sentence pending appeal, given the conviction under Sections 302 and 427 IPC.
  • Whether the facts of the case fall within Exception 4 of Section 300 IPC, thereby reducing the offence to culpable homicide not amounting to murder under Section 304 Part II.

Legislation cited

Subjects

  • bail
  • suspension of sentence
  • IPC 302
  • IPC 304 Part II
  • culpable homicide not amounting to murder
  • criminal appeal
  • co‑accused parity
  • interim application

Judgment

                   Digitally signed
NISHA   by NISHA
        SANDEEP
SANDEEP CHITNIS
CHITNIS Date: 2026.09.02
        17:16:15 +0530
                                                                             5-ia.2921.2026..doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.2921 OF 2026
                                                      IN
                                        CRIMINAL APPEAL NO.255 OF 2026


                   Nilesh Dinkar Dhoke                       ...Applicant
                        Versus
                   The State of Maharashtra                  ...Respondent

                   Mr. Akshay Bankapur for the Applicant.

                   Mr. Tanveer Khan, A.P.P. for the Respondent-State.


                                                  CORAM: BHARATI DANGRE &
                                                         ASHISH S. CHAVAN, JJ.

                                                DATE   : 31st AUGUST 2026
                   P.C. :


                   1.                 The appeal preferred by the appellant having been

                   admitted, the present application is filed seeking suspension of

                   sentence and release of the applicant on bail. The present applicant,

                   who was arraigned as accused No.1, has been convicted for offences

                   punishable under Sections 302 and 427 read with Section 34 of the

                   Indian Penal Code (“IPC”) and has been sentenced to suffer


   N. S. Chitnis                                                                            1/6
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                imprisonment for life, along with fine and a default sentence.



                2.          The learned counsel for the applicant has placed reliance

                upon the orders passed by two Division Benches in applications filed

                by the co-accused, namely, Pallavi Nilesh Dhoke and Prasad Shirish

                Mule, who have been released on bail, and he seeks parity with the

                said applicants.



                3.          We have heard the learned counsel for the applicant and

                the learned A.P.P. for the respondent-State. The learned A.P.P submits

                that the point of distinction as regards the role and the involvement of

                the present applicant is there is recovery of one iron rod from him,

                which is alleged to be the weapon used in the commission of the

                offence.

                                   On 17th April 2026, while deciding the Interim

                Application filed by the co-accused, Pallavi Nilesh Dhoke, the Division

                Bench considered the facts leading to the prosecution case. It was the

                prosecution case that the mobile phone of accused No.1, i.e. the


N. S. Chitnis                                                                          2/6
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                present applicant, was found in the possession of the deceased and, to

                get that mobile phone back, the accused persons called deceased-Nitin

                Jadhav, near Galaxy Hospital.      According to the prosecution, they

                snatched the mobile phone and assaulted him with fist, kick blows and

                iron rod, as a result of which he fell on the road and on being admitted

                to the Civil Hospital, while undergoing treatment passed away on 23 rd

                April 2023, much after the date of the incident, i.e. 8 th April 2023.

                            While considering the application of the wife of the

                applicant viz. Pallavi Nilesh Dhoke, the Division Bench came to an

                opinion that the accused had no intention to commit the murder of

                Nitin though they had knowledge that, if assaulted with an iron rod,

                he may suffer fatal injuries. Prima facie, expressing the opinion that

                the case of the applicant may fall within the purview of Exception 4 of

                Section 300 of the IPC and that the applicant has committed an

                offence contemplated under Section 304 (Part-II) and not under

                Section 302 of the IPC, the applicant- Pallavi Dhoke, i.e. the wife of

                the present applicant was released on bail. Another Division Bench to

                which one of us (Bharati Dangre, J.) is a member, while considering


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                the application of co-accused-Prasad Mule adopted the same analogy

                and relied upon the order passed in the case of co-accused- Pallavi

                Dhoke



                4.         The present applicant before us is the husband of co-

                accused Pallavi Dhoke. If it is the case of the prosecution that all the

                accused persons were present at the time when Nitin Jadhav (deceased)

                was assaulted and that, on account of the injuries caused to him, he

                succumbed in the hospital, we see no reason why the reasoning

                adopted by the two Division Benches should not be extended to the

                present applicant. We have also noted that the present applicant was

                not on bail during the trial. In the wake of the prima facie opinion

                expressed in the order dated 17th April 2026 that the case may fall

                within Section 304 (Part II) of IPC, as there was no intention and the

                fact that the incident occurred when the deceased had come to return

                the mobile phone, coupled with the fact that the death occurred after a

                time gap, we deem it appropriate to extend the benefit of the said

                orders to the present applicant. Hence, we pass the following order:


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                                                ORDER

                (i)    During the pendency of Appeal preferred by the Applicant, the

                       substantive   sentence   imposed    upon     the   Applicant    vide

                       Judgment and Order dated 23rd January, 2026, passed by the

                       learned Additional Sessions Judge, Nashik in Sessions Case

                       No.318 of 2023, is suspended and the Applicant be released on

                       bail on his furnishing PR bond of Rs.25,000/- with one or two

                       local solvent sureties in the like amount;

                (ii)   Before his release from jail, the Applicant shall give his

                       prospective residential address and the mobile and/or landline

                       number on which he or his any close relative can be contacted;

                (iii) After his release from jail, the Applicant shall mark his

                       appearance before the trial Court, once in every month,

                       between 10.00 a.m. and 1.00 p.m., during the pendency of the

                       Appeal;

                (iv) In case of two consecutive defaults in complying with the

                       aforesaid conditions, the prosecution is at liberty to file


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                         application for cancellation of bail.



                5.            The Application is allowed in the aforesaid terms and is

                accordingly disposed of.

                              All concerned to act on the authenticated copy of this

                order.




                ASHISH S. CHAVAN, J.                             BHARATI DANGRE, J.




N. S. Chitnis                                                                            6/6


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