Bombay High Court

AMIR @ A. HAMID NAZIR MULLAversusTHE STATE OF MAHARASHTRA AND ORS.

Holding

The Court held that, given the appellant's limited role causing only simple injuries and his partial compensation to the victim, the substantive sentence should be suspended during the pendency of the appeal and bail granted on condition of a bond.

Summary

The appellant, Amir @ A. Hamid Nazir Mulla, was convicted along with two co‑accused for offences under Sections 307, 326, 324, 201, 34 and 120‑B of the Indian Penal Code and sentenced to life imprisonment of at least 30 years plus fines. He filed a second interim application seeking suspension of the sentence and bail, arguing that the 30‑year term is impermissible and that his role was limited to causing only simple injuries, for which he had already paid Rs.2 lakhs in compensation. The State opposed, contending that the evidence showed his participation in a violent assault resulting in grievous injuries and that the trial court’s sentence was appropriate. The Court examined the medical evidence, the appellant’s conduct, and the compensation paid, and concluded that his involvement warranted a temporary suspension of the sentence. Accordingly, the Court allowed the application, suspended the substantive sentence pending appeal, and ordered his release on bail with a bond of Rs.25,000 and certain conditions. The order also directed the appellant to provide his residential details and to refrain from entering the vicinity of Tadvalga to Indi.

Issues considered

Whether the 30‑year term of imprisonment imposed on the appellant is legally permissible.
Whether the appellant's role, limited to simple injuries, justifies suspension of the sentence pending appeal.
Whether the payment of partial compensation affects the entitlement to bail and suspension of sentence.
Whether bail can be granted under the circumstances of the offence and pending appeal.

Legislation cited

Code of Criminal Procedure, 1973 — s. 235(2)
Indian Penal Code, 1860 — s. 120-B, 201, 307, 324, 326, 34

Subjects

suspension of sentence
bail
life imprisonment
IPC sections 307, 326, 324, 201, 34, 120-B
compensation
interim application
appeal

Judgment

12-IA-366-2026.doc

Digitally signed
by HARISH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH VITHAL
VITHAL CHAUDHARI CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
2026.10.08
19:26:53 +0530 CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 366 OF 2026
IN
CR. APPEAL NO. 1195 OF 2024

Amir @ A. Hamid Nazir Mulla ...Applicant
Versus
The State Of Maharashtra And Others ...Respondents

——————
Mr. Ritesh Thobde a/w Darshan Singh Rajpurohit for the Applicant.
Mr. S. H. Yadav, APP for the Respondent-State.
Mr. Akshay Jagtap for Respondent No. 2.
Mr. Shridhar H. Kumbhar Liaison Oicer Prison.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : October 08, 2026.
P. C. :

1. This is the second application for suspension of sentence and bail

by the Appellant.

2. The Applicant/Appellant was convicted by the learned Sessions

Judge, Solapur, in Sessions Case No. 79 of 2022, by Judgment and Order

dated 28th February 2023, thereby convicting and sentencing the

Applicant/Appellant as follows:

1 The accused No.1 Khadirsab @ Munna Chandsab Patel, Age:
30 yrs., accused No.2 Amir @ A. Hamid Nazir Mulla, Age: 26
yrs., Both R/o.: Maddi Tadvalga, Tal. Indi, Dist. Vijapur, State

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Karnataka and accused No.3 Huseni Nabilal Jeure @
Todunge, Age: 23 yrs., R/o. Karajagi, Tal. Akkalkot, Dist.
Solapur are found guilty for the ofences punishable under
Sections 307, 326, 324, 201, read with Section 34 and Section
120-B of the Indian Penal Code.

2 The accused No.1 Khadirsab @ Munna Chandsab Patel,
accused No.2 Amir @ A. Hamid Nazir Mulla, and accused No.3
Huseni Nabilal Jeure @ Todunge are convicted for the
ofence punishable under Section 307 read with Section 34 of
the Indian Penal Code vide Section 235 (2) of the Code of
Criminal Procedure and sentenced to undergo rigorous
imprisonment for life, which shall not be less than Thirty (30)
years and pay ine of Rs.50,000/-(Rupees Fifty Thousand only)
each with default stipulation to undergo rigorous
imprisonment of Five (05) years each.

3 The accused No.1 Khadirsab @ Munna Chandsab Patel,
accused No.2 Amir @ A. Hamid Nazir Mulla, and accused No.3
Huseni Nabilal Jeure @ Todunge are convicted for the
ofence punishable under Section 201 read with Section 34 of
the Indian Penal Code vide Section 235 (2) of the Code of
Criminal Procedure and sentenced to undergo rigorous
imprisonment of Three (03) years and pay ine of Rs.5,000/-
(Rupees Five Thousand only) each with default stipulation to
undergo rigorous imprisonment of Six (06) months each.

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3. The prosecution’s case in brief, as revealed from the impugned

Judgment, reads as under. The relevant paragraphs from the impugned

Judgment are reproduced below :

2 On 17/11/2021, around 07.00 p.m., PW-1 'X' victim was at his
home in Vijayapur, District Vijayapur, Karnataka State. The accused
No.1 Khadirsab @ Munna and accused No.2 Amir @ A.Hamid came on
motorcycle to him. They asked him to accompany by them for dinner
at Manur, Taluka Indi, District Vijayapur. They reached around 08.30
p.m. at village Manur. At the same time, accused No.3 Huseni, who has
acquaintance with PW-1 'X' rode on his motorcycle. They all went to
Dhaba (roadside eatery) at Manur and had supper. The accused No.2
Amir told that an auto rickshaw of his friend turned to be breakdown
near the village Kadabgaon. Taluka Akkolkot, District Solapur. They all
rushed to Kadabgaon around 11.00 p.m. However, PW-1 'X' did not
ind rickshaw on the spot. When, he alighted from the motorcycle, the
accused No.2 Amir took out the beer bottle from the dickey of his
motorcycle. He consumed the beer and began reviling PW-1 'X'. In the
same moment, he hit the beer bottle on the head of PW-1 'X' and
thereby he sustained the bleeding injury. The accused No.1 Khadirsab
picked up a stick nearby the spot and dealt with the blows on the
person of PW-1 'X'. When he asked them as to why they thrashed him,
in turn, accused no.3 Huseni disclosed that 'he was their target and
would eliminate him'. In the same bit, he kicked on the chest of PW-1
'X'. Accused No.1 Khadirsab and accused No.2 Amir caught hold of
both legs of PW-1 'X' and sat on his body. Meanwhile, accused No.3
Huseni stripped of the pant and undergarment of PW-1 'X' and
perforated his penis with testis. The trio accused run away from the

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spot. Following the profuse bleeding, PW-1 'X' became unconscious.
2.1 At morning, when PW-1 'X' regained conscious, he informed a
passerby PW-7 Dattatray Sutar, an employee of Gram Panchayat,
Kadabgaon and made call to his brother PW-4 Firoj from the mobile of
latter. After some time, his brother-in-law PW-10 Riyaj Dhalait, R/o.
Kolibit, Taluka Akkalkot rushed to the spot and removed him to the
Government Hospital, at Akkalkot.
3 At the outset, when the victim was removed to the
Government Hospital, at Akkalkot, PW-13 Dr. Smt.Priyanka Wagaj
recorded the history of assault on 17/11/2021 at 10.30 p.m. She had
clinically examined the injured PW-1 'X' and noted the following
injuries on his person :-
i Amputation of penis with bilateral scrotum.
ii CLW of size 3 x 1 x 1 on right eyebrow.
iii CLW of size 1 x 0.5 x 0.5 on lower lip.
iv CLW of size 3 x 1 x 1 on frontal region head
v CLW of size 2 x 1 x 0.5 on right thigh medially.

4 PW-13 Dr. Smt.Priyanka Wagaj issued Medical Certiicate
Exh.59. According to her opinion, injury No.1 was caused by sharp
weapon like blade Article 'E'. The injury was grievous in nature and
danger to the life. Whereas, injuries No.2 to 5 were the result of hard
and blunt object. These injuries were simple in nature. The age of all
injuries quoted supra was within 24 hours.
5 After primary treatment, PW-1 'X' was shifted to the Civil
Hospital, Solapur. PW-9 Dr. Khushal Malwade had clinically examined
him and found afore-quoted injuries on his person. Accordingly, he
issued Medical Certiicate Exh.46 with synonymous opinion of his
colleague PW-13 Dr. Smt. Wagaj.”

4. It is submitted by the learned counsel for the

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Applicant/Appellant that, the irst application for suspension of

sentence was withdrawn with liberty to ile afresh if the Appeal was not

taken up for inal hearing within a period of six (6) months. He submits

that the learned trial court has awarded a sentence of imprisonment for

a period of 30 years, which is not permissible in the eye of the law. He

further submits that, the role attributed to the Applicant/Appellant

shows that, he caused simple injuries to the victim. He further submits

that in all, three (3) accused came to be convicted and an amount of Rs.

10 Lakhs was awarded as compensation by the learned Trial Court to be

paid by the convicts to the victim. The Applicant/Appellant has paid Rs. 2

Lakhs by way of a demand draft to the victim. He further submits that,

the Appeal is not likely to be heard inally in the near future and,

therefore, the application be allowed.

5. The application is opposed by the learned APP and the learned

counsel for the victim. They submit that, the evidence on record goes to

show the role played by the Applicant along with the co-convicts. The

conviction is with the aid of Sections 34 and 120-B of the Indian Penal

Code 1860. The learned Trial Court has awarded an appropriate

sentence after appreciating the evidence on record and, therefore, the

application be rejected. They admitted that, the Applicant/Appellant

has paid Rs. 2 lakhs towards the compensation to the victim.

6. With the assistance of both sides, we have gone through the

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evidence on record. The case is based on the testimony of the injured

victim. The role attributed to the Applicant/Appellant is that, he hit the

victim with a beer bottle and thereafter caught hold of him, which

facilitated the co-convict No. 3 Huseni Nabilal Jeure to cause grievous

injury. The medical evidence on record goes to show that, the injuries

caused by the Applicant/Appellant to the victim were simple in nature.

The Applicant/Appellant has paid compensation of Rs. 2 Lakhs to the

victim.

7. Considering the role attributed to the Applicant/Appellant and

the above aspect, we are inclined to pass the following order:

ORDER

i. The application is allowed.

ii. The substantive sentence of imprisonment imposed by
the Trial Court by the Judgment and order dated 28 th
February, 2023, convicting the Applicant is suspended
during the pendency of the Appeal

iii. The Applicant/Appellant is directed to be released on bail
on furnishing P. R. Bond of Rs.25,000/- (Rupees Twenty
Five Thousand Only) with one or two sureties in the like
amount.

iv. The Applicant/Appellant, before to his release, shall
provide details of his residential address and
mobile/landline contact numbers to the jail authorities
which shall be forwarded to the concerned Police Station.

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v. The Applicant/Appellant shall not enter in the vicinity of
Tadvalga to Indi, Dist- Vijapur, Karnataka, until further
orders.

vi. The Applicant/Appellant shall co-operate with this Court
for early hearing of the Appeal.

vii. Bail before the Trial Court.

8. The Application stands disposed of accordingly.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

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