Bombay High Court
MARUTI RAMCHANDRA KOLAPEversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court held that the sentence is to be suspended during the pendency of the appeal and bail granted on condition.
Summary
The appellant, convicted under Section 302 of the Indian Penal Code for murder, filed a successive interim application seeking suspension of his sentence on the ground of long incarceration, having been in custody for over nine years. The first application for suspension was rejected, but the court considered the second application, noting the delay in hearing the appeal. Relying on the principle that a sentence may be suspended pending appeal when the appellant has endured prolonged imprisonment, the court allowed the application. It ordered the suspension of the substantive sentence during the pendency of the appeal and granted bail upon furnishing a Rs.30,000 bond with surety. The appellant was also directed to report monthly to the police station, and the application was disposed of accordingly.
Issues considered
- Whether a sentence imposed for an offence under Section 302 IPC can be suspended pending appeal on the ground of prolonged incarceration.
- Whether bail can be granted with conditions in such circumstances.
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- suspension of sentence
- bail
- long incarceration
- appeal pending
- Section 302 IPC
- criminal appellate jurisdiction
Judgment
904-CRIA-376-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 376 OF 2026
IN
CRIMINAL APPEAL NO. 1274 OF 2024
Maruti Ramchandra Kolape ...Applicant.
In the Matter in Between :
Maruti Ramchandra Kolape ...Applicant.
Versus
The State of Maharashtra ...Respondent.
——————
Mr. Shivraj V. Patil (Shirgaonkar) with Mr. Pradeep N. Patil, for the Applicant.
Mr. Shrikant H. Yadav, APP, for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 09, 2026.
P. C. :
1. This is the successive application for suspension of sentence by
the Appellant, who is convicted for the ofence punishable under
Section 302 of the Indian Penal Code by Judgment and Order dated 7 th
July 2023 passed by the Sessions Judge, Sangli in Sessions Case No.97
of 2017. The First Application for suspension of sentence bearing
Interim Application No.4811 of 2024 was considered and rejected by
this Court vide order dated 13th January 2025. The Second application
was iled on the ground of long incarceration.
2. Heard both the sides.
Gaikwad RD 1 of 2
904-CRIA-376-2026.doc
3. The Appellant is in custody since 6 th March 2017, i.e., for 9 years
and 6 months. The Appeal is of 2024 and not likely to be heard inally in
near future. Thus, on the ground of long incarceration, we are inclined
to suspend the sentence and grant bail to the Applicant by imposing
appropriate conditions. Hence, the Order:
ORDER
i) The Application is allowed.
ii) The substantive sentence imposed by the learned Sessions
Judge, Sangli in Sessions Case No.97 of 2017 vide Judgment
and Order dated 7th July 2023 on the Applicant/Appellant, is
suspended during pendency of the Appeal.
iii) The Applicant be released on bail on furnishing P. R. Bond of
Rs.30000/- (Rupees Thirty Thousand Only) with one or two
surety in the like amount.
iv) The Applicant shall report to the Jat Police Station once in a
month on the last day of the month in between 10:00 a.m. to
2:00 p.m. untill further order.
v) Bail before the learned Trial Court.
vi) The Application stands disposed of accordingly.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.09.10
13:07:46
+0530
Gaikwad RD 2 of 2
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