Bombay High Court

SUNIL CHANDRAKANT KAMBLEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The court granted bail to the applicants pending the appeal and allowed the withdrawal of the interim application, disposing it as withdrawn.

Summary

The applicants, Sunil Chandrakant Kamble and Ratan Bhosale, were convicted by the Additional Sessions Judge, Solapur, under IPC s.307 r/w s.34 for an incident where compressed air was forced into a victim's rectum, causing serious injury. They filed an interim application seeking a stay of the conviction and bail pending the hearing of Criminal Appeal No. 1034 of 2022, arguing lack of intention to cause grievous hurt and citing delay in filing the FIR. The court, after reviewing medical evidence confirming life‑threatening injury, noted the possibility of a negligent act but held that bail could be granted pending appeal, especially given the urgency of a wedding for one applicant. Bail was ordered on personal bond of Rs.30,000 each, with cash bail for Ratan Bhosale for two weeks. Subsequently, the applicant’s counsel withdrew the interim application, and the court disposed of it as withdrawn.

Issues considered

Whether the conviction under IPC s.307 r/w s.34 can be stayed pending the disposal of the appeal.
Whether anticipatory bail is appropriate where the alleged act may lack the requisite intention for attempted murder.
Whether the delay in lodging the FIR is a bar to granting bail.
Whether personal/bond bail can be conditioned on personal circumstances such as a wedding.

Legislation cited

Indian Penal Code, 1860 — s. 307, 338, 34

Subjects

bail
conviction stay
IPC 307
anticipatory bail
delay in FIR
intention
criminal appeal
withdrawal of application

Judgment

916-IA-3929-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3929 OF 2024
IN
CRIMINAL APPEAL NO. 1034 OF 2022
Sunil Chandrakant Kamble ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondents
_______________________________________________________________
Mr. Priyal Sarda (through VC), Advocate for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 9th September, 2026.
P.C. :

1. By the present Application, the Applicant has sought for the

following substantive relief in terms of prayer clause (a) :-

(a) Pending the hearing and final disposal of the present
Appeal, the conviction awarded by Judgment and Order dated
07.10.2022 passed by the Ld. Additional Sessions Judge,
Solapur in Sessions Case No.236/2017, to the Applicant may be
suspended / stayed;

2. On 19.10.2022, the following order was passed :-

1. This is an application for bail pending the hearing and
final disposal of Criminal Appeal No. 1034 of 2022 preferred by
the applicants. The applicants are convicted and sentenced by
learned Additional Sessions Judge, Solapur vide his Judgment
and order dated 07/10/2022 passed in Sessions Case No.236 of
2017. Both of them were convicted for commission of offence
punishable U/s.307 r/w. 34 of I.P.C. and were sentenced to

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suffer R.I. for 5 years each and to pay a fine of Rs.1000/- each
and in default of payment of fine to suffer imprisonment for one
month each.

2. The prosecution case is that the first informant-PW-1 Anil
Kamble and both these applicants were working in transport
department of the Solapur Municipal Corporation. On
23/10/2016, the applicants were teasing the PW-1 and during
their playful interaction with each other they made him lie down
on the ground. His clothes became dirty. The applicant Sunil
Kamble picked up a pipe of compressed air and started blowing
compressed air on his clothes to clean them. At that time, the
applicant Ratan Bhosale asked Sunil to put that air in PW-1's
anus. The applicant Sunil did that and the compressed air went
inside the body of the PW-1. He felt uneasy. He was taken to
hospital. He was treated in the hospital till 04/11/2016. After
that he lodged his F.I.R. on 06/11/2016. The investigation was
carried out. Both the applicants faced the trial and were
convicted and sentenced, as mentioned earlier.

3. Shri. Sarda, learned counsel for the applicants submitted
that, there was neither any intention nor motive to commit this
offence which are the main ingredients of Section 307 of I.P.C.
The incident had happened while they were teasing each other.
Though, it was a mindless act on the part of the applicants, they
certainly did not have any intention to cause any grievous hurt
to the informant. He submitted that, at the highest, Section 338
of I.P.C. can be applied. He further submitted that, there is delay
in lodging F.I.R. and there are witnesses who have deposed and
described the incident in different manner.

4. Learned APP opposed this application. He submitted that
the first informant had been operated and, therefore, it shows
that the incident was serious.

5. I have considered these submissions. I have also perused
the evidence of Medical officer - PW-9 who had treated the PW-
1. He has deposed that, PW-1 was admitted on 23/10/2016. PW-
9 had then repaired the intestine and exploratory laparotomy
was done. The injury was dangerous to the life of the patient.

6. Thus, there is no doubt that the incident had taken place.
Therefore, delay in lodging the F.I.R. would not matter. However,
there is some substance in the submission of Shri. Sarda that,
there was no intention to cause this injury to the victim. It was a

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rash and negligent act. But, whether there was any other
intention, will have to be decided at the final hearing stage.

Considering these aspects, the applicants have made out a case
for their release on anticipatory bail. Therefore, I am inclined to
grant bail to the applicants. Shri. Sarda invited my attention to a
copy of the wedding card annexed to this application which
shows that the applicant No.1's son is to get married tomorrow
i.e. on 20/10/2022. Therefore, it is necessary that the applicant
No.1 is able to attend the marriage. Considering this urgency, for
the time being, the applicant No.1 can be permitted to furnish
cash bail.

7. Hence, the order:

ORDER

i) During pendency and final disposal of Criminal Appeal
No.1034 of 2022, both the applicants are directed to be released
on executing their P. R. Bonds in the sum of Rs.30000/- each
with one or two sureties each in the like amount.

ii) The Applicant No.1 Ratan @Ratilal Prabhu Bhosale is
permitted to furnish cash bail of Rs.30000/- for a period of two
weeks from today. Within that period, he will have to furnish
sureties as directed.

iii) It is made clear that, this facility is granted only to the
applicant No.1 Ratan @ Ratilal Prabhu Bhosale, because of the
wedding of his son on 20/10/2022.

iv) The Application is disposed of accordingly.

3. Mr. Priyal Sarda, learned Advocate for the Applicant, states that

by the present Application, the Applicant is seeking stay / suspension of

the conviction awarded by Judgment and order dated 07.10.2022,

passed in Sessions Case No.236/2017.

4. Mr. S. S. Chaudhari, learned APP for the Respondent – State,

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submits that the Respondent No. 2, is served in the matter. He strongly

opposes the relief sought by the Applicant, in prayer clause (a) of this

Application.

5. Faced with the said objection, Mr. Priyal Sarda, learned

Advocate for the Applicant, requests for leave to withdraw the present

Application with a request to consider the Criminal Appeal No. 1034 of

2022 for final hearing.

6. The request made by Mr. Priyal Sarda, learned Advocate for the

Applicant, is not opposed by Mr. S. S. Chaudhari, learned APP for the

Respondent – State.

7. In view of the statement made by Mr. Priyal Sarda, learned

Advocate for the Applicant, leave is granted to withdraw the present

Application.

8. Interim Application No. 3929 of 2024 is disposed of as

withdrawn.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.10
20:09:39
+0530
Arjun 4

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