Bombay High Court
DAULAT P. KALAGversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- M S KARNIKS M MODAK
Holding
The Court held that the sentence must be suspended during the pendency of the appeal because the delay in hearing violates the principle of speedy trial.
Summary
Daulat Pandurang Kadalag was convicted by the Additional Sessions Judge, Khed‑Rajgurunagar, of murder under Section 302 IPC and sentenced to life imprisonment and a fine. He has been in custody since March 2012, amounting to more than fourteen years, and his appeal has not been heard for over ten years. He applied for suspension of the sentence and bail, arguing that the prolonged pendency violates his right to a speedy trial. The Court, relying on the principles laid down in Saudan Singh v. State of Uttar Pradesh, held that such delay justifies suspension of the sentence pending appeal. The application was allowed, the sentence was suspended, and the applicant was released on personal and surety bonds with reporting conditions until the appeal is disposed.
Issues considered
- Whether a sentence of life imprisonment can be suspended pending appeal due to a delay of more than ten years in hearing the appeal
- Whether the applicant is entitled to bail on the ground of prolonged incarceration
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- murder
- suspension of sentence
- bail
- delay in appeal
- life imprisonment
- IPC 302
- speedy trial
Judgment
2026:BHC-AS:28282-DB
Bhogale 308.ia-3551-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3551 OF 2023
IN
CRIMINAL APPEAL NO.19 OF 2017
WITH
INTERIM APPLICATION NO.3595 OF 2024
IN
CRIMINAL APPEAL NO.19 OF 2017
Daulat Pandurang Kadalag … Applicant
Versus
The State of Maharashtra .… Respondent
****
Adv. Abhijeet Joshi, for the applicant/appellant.
Mr. A. A. Palkar, APP for the respondent-State.
****
CORAM : M. S. KARNIK &
S. M. MODAK, JJ.
DATE : 10th JULY 2026
P.C. :
1. Heard Mr. Joshi, learned counsel for the applicant and
learned APP for the State.
2. The applicant was convicted by the Additional Sessions
Judge, Khed-Rajgurunagar, District Pune on 02/04/2016 for the
offence punishable under Section 302 of the Indian Penal Code.
The sentence imposed was life imprisonment and a fine of
Rs. 3,000/-. The applicant was an under-trial prisoner. Now, he is
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Bhogale 308.ia-3551-2023.odt
seeking suspension of sentence and bail on the ground that he is
behind bar for more than ten years and that there is no likelihood
of the appeal being heard in the near future. The charge against
him was that he had committed the murder of his wife, namely,
Surekha Daulat Kadalag, by pouring kerosene on her person from
a stove and setting her ablaze. It is submitted that the case is based
on circumstantial evidence. Even though it may be found that the
nominal roll is not on record, from the judgment we can gather
that he is behind bar since 12/03/2012. Thus, more than fourteen
years have elapsed. The observations in the case of Saudan Singh
vs. State of Uttar Pradesh1 are applicable to the present case. The
charge is that he committed the murder of his own wife. The case
for suspension of sentence on account of the appeal not being
heard for ten years is made out. Hence, the following order :-
ORDER
(i) The application is allowed.
(ii) The substantive sentence imposed by the Court
of Additional Sessions Judge, Khed-Rajgurunagar,
District Pune in Session Case No.137 of 2014 on
1 2022 SCC OnLine SC 697
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Bhogale 308.ia-3551-2023.odt
02/04/2016 is suspended during the pendency of this
appeal.
(iii) The applicant shall furnish a personal bond and a
surety bond of Rs.25,000/- each, to the satisfaction of the
Trial Court.
(iv) The applicant shall report to the Chakan Police
Station on first Monday of the months of September,
January and May between 10:00 a.m. and 12:00 noon,
until the disposal of the appeal.
(v) The applicant shall furnish his contact details
and residential address to the Trial Court.
(vi) The applicant shall cooperate during the hearing
of the appeal.
(vii) The applicant be released from jail if not
required in any other case.
3. The interim applications are disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 10/07/2026 18:05:28 3
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