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Bombay High Court

MUKUND KRISHNA POLversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The court suspended the sentences of Mukund Pol, Krishna Pol and Dattatray Pol pending the final hearing of their appeals, while rejecting the bail application of Avadhut Pol.

Summary

The applicants, Avadhut, Mukund, Krishna and Dattatray Pol, were convicted by the Additional Sessions Judge, Satara, for offences under Sections 307, 504, 506 and 34 of the IPC, with sentences of rigorous imprisonment. They filed two interim applications seeking suspension of their sentences pending the final hearing of their respective criminal appeals, contending false implication, anticipatory bail during trial, and lack of corroborative evidence. The State opposed, arguing the seriousness of the attempt‑to‑murder charge and the presence of eye‑witness and medical evidence. Justice Mehroz K. Pathan examined the trial record, found a plausible case for the appeals of Mukund, Krishna and Dattatray, and consequently suspended their sentences subject to bond and periodic police reporting, while rejecting Avadhut's application. The order partially allowed IA‑399 and IA‑401, granting release on bond for the three applicants and directing compliance with reporting conditions.

Issues considered

  • Whether the sentences imposed on the appellants should be suspended pending the final hearing of their criminal appeals
  • Whether the appellants are entitled to bail/temporary release in view of the nature of the offences and the evidence on record

Legislation cited

Subjects

  • interim application
  • sentence suspension
  • anticipatory bail
  • attempt to murder
  • IPC
  • criminal appeal
  • bond
  • police reporting

Judgment

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                                                                         16-IA-399-2026 (CR) AW IA-401-2026.DOC


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIRCUIT BENCH AT KOLHAPUR
                                                 CRIMINAL APPELLATE JURISDICTION

                                             CRI-INTERIM APPLICATION NO. 399 OF 2026
                                                                IN
                                                    CR. APPEAL NO. 162 OF 2026

                            Mukund Krishna Pol                                         …........Applicant
                                  VERSUS
                            State Of Maharashtra And Anr.                              ….......Respondents

                                                              WITH
                                             CRI-INTERIM APPLICATION NO. 401 OF 2026
                                                                IN
          Digitally
          signed by
          SHANTANU
                                                    CR. APPEAL NO. 164 OF 2026
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.07.28
          14:51:07
          +0530             1. Avadhut Krishna Pol
                            2. Krishna Mahadu Pol
                            3. Dattatray Krishna Pol                                 …........Applicants
                                   VERSUS
                            State Of Maharashtra And Anr.                            ….......Respondents

                                                              -----
                            Mr. Maner Taher Isaalli a/w Adv. Maner Sahil Taher, for Applicants in both
                            applications.
                            Mr. Nitin B. Patil, APP, for the Respondent-State in IA/399/2026.
                            Ms. Madhavi H. Mhatre, APP, for the Respondent-State in IA/401/2026.
                                                                 -----


                                                CORAM       :   MEHROZ K. PATHAN, J.
                                                DATE        :   27th JULY, 2026.
                            P.C.

                            1.          Heard learned counsel for the Applicants and learned APP for

                            the Respondent-State.

                            2.          By these Applications, the Applicants have approached this Court

                            for seeking suspension of sentence imposed by the learned Additional

                            Sessions Judge, Satara, vide Judgment and Order dated 12/06/2026 in

                   Shantanu S. Dhudum
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                                                   16-IA-399-2026 (CR) AW IA-401-2026.DOC


         Sessions Case No. 28 of 2019. The accused Nos.1 to 4 are convicted for the

         offence punishable under Sections 307, 504, 506 read with Section 34 of of

         the Indian Penal Code, 1860 (for short, “IPC”), however the accused Nos.1

         to 3 are sentenced to suffer R.I. for 5 years each. The accused Nos.1 to 4

         are further convicted under Sections 504 & 506 read with 34 of I.P.C. and

         sentenced suffer R.I. for 1 year and 2 years respectively. All the sentences

         of R.I. shall run concurrently.

         3.          Learned counsel for the Applicants submits that the Applicants

         are falsely implicated in the present crime. It is further submitted taking

         into consideration the nature of the allegations, all the Applicants were

         granted anticipatory bail and were on bail during the pendency of trial.

         The Applicants were only taken into custody after the judgment of the

         learned Sessions Judge, Satara dated 12/06/2026.         The Applicants are

         having a good case on merits.

         4.          Learned counsel further submits that the Applicant - Mukund

         Krishna Pol, the Appellant in Criminal Appeal No.162 of 2026 has been

         convicted for the offence punishable under Sections 504 and 506 IPC.

         Even, though the role of the Applicants - Krishna Mahadu Pol, Dattatray

         Krishna Pol and Mukund Krishna Pol are identical in nature of giving

         exhortation, Krishna Pol and Dattaray Pol are convicted under Section 307

         of the IPC. A perusal of the first information report and the testimony of

         the injured witness Sandip Jadhav and his wife Nilam Jadhav would itself

         suggest that the complainant himself had jumped before the tractor when



Shantanu S. Dhudum
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                                                    16-IA-399-2026 (CR) AW IA-401-2026.DOC


         the cultivation operations were going on. The Applicants had no intention

         to commit murder of the first informant Sandip Jadhav. A perusal of the

         testimony of the other witnesses also does not corroborate the allegations

         in the F.I.R. The Applicants are already acquitted for the offence punishable

         under Section 323 of the IPC. The Applicants are convicted for the offence

         punishable under Section 307, 504, 506 of the IPC, even without there

         being any corroborative evidence to the allegations made by the first

         informant, PW-1 Sandip Jadav. The Appellants are having good case on

         merits. Taking into consideration that the punishment imposed upon

         accused Mukund Pol, Appellant in Criminal Appeal No.162 of 2026 i.e.

         below 3 years, the learned Sessions Judge had itself suspended the

         sentence vide order dated 12/06/2026. The Applicants are further ready to

         abide by any conditions that may be imposed by this Court. Hence, the

         Applicants may be protected.

         5.          Learned counsel further submits that the Applicants Krishna Pol ,

         Dattatray Pol, Appellants in Criminal Appeal No.164 of 2026 are also

         identically situated that of Mukund Pol and are having good case on merits

         and there is every likelihood that these Appellants may succeed in the

         Appeal(s). The Appeal(s) are admitted for final hearing and would take its

         own time for its disposal. The Appellants were on anticipatory bail during

         the entire trial and there are no allegations against them that they have

         violated any of the conditions imposed by the trial Court. They are further




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                                                   16-IA-399-2026 (CR) AW IA-401-2026.DOC


         ready to abide by any conditions that may be imposed by this Court.

         Hence, both the applications may be allowed.

         6.          As against this, the learned APP strongly opposed these bail

         applications on the ground that the Applicants are involved in the serious

         offence of attempt to commit murder. There are eye witnesses i.e. the first

         informant Sandip Jadhav, the wife of first informant Nilam Jadhav and

         Mangesh Jadhav, who were seen the Applicants accused running over the

         victim injured PW-1 Sandip Jadhav by a tractor when the PW-1 Sandip

         Jadhav had opposed the cultivation of the disputed land. There is medical

         evidence which corroborates the allegations that the victim injured witness

         had sustained the grievous injuries in the said incident and as such, the

         offence under Section 307 of the IPC, attempt to murder, is clearly made

         out. Hence, there is every likelihood that the appeal(s) may be dismissed

         and the Appellants would be required to undergo the remaining sentence.

         Hence, these applications may be rejected.

         7.          I have gone through the judgment and order passed by the

         learned trial Court dated 12/06/2026 as well as the deposition of PW-1

         Sandip Jadhav, PW-5 Nilam Jadhav, PW-4 Mangesh Jadhav and PW-7

         Priyanjali Kadam (Doctor). After going through the evidence of the

         witnesses, it prima facie appears that arguable case is made out in the

         appeals. There is every likelihood that either the conviction of the

         Appellants can be altered or the Appellants may succeed in the appeals or

         the same may result into acquittal, as the first information report and



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                                                     16-IA-399-2026 (CR) AW IA-401-2026.DOC


         deposition of PW-1 itself would suggest that the victim had came in front of

         the tractor after seeing the main Accused Avadhut was cultivating the

         disputed land. The offence under Section 307 of I.P.C. can be said to be

         made out only against Avadhut Pol, whereas the other two accused Krishna

         Pol and Dattatray Pol are identically placed with accused Mukund Pol, who

         is convicted for the offence punishable under Section 504 and 506 of the

         IPC. In so far as the Avadhut Pol is concerned, taking into consideration the

         evidence led by the prosecution, I am not inclined to entertain the bail

         application of Applicant No.1 Avadhut Pol, however liberty is granted to

         again approach this Court after a period of six months, if the appeal is not

         heard finally. In so far as Applicant - Mukund Pol in Criminal Interim

         Application No. 399 of 2026 and Applicant Nos.2- Krishna Pol & Applicant

         No.3- Dattatray Pol in Criminal Interim Application No.401 of 2026, are

         concerned, I am inclined to pass the following order:

                                            ORDER

               i.     In so far as the Applicant No.1 – Avadhut Pol in Criminal

                      Interim Application        No.401 of 2026 is concerned, the

                      application is rejected.

               ii.    The Criminal Interim Application No.401 of 2026 is partly

                      allowed.

               iii.   The substantive sentence imposed upon the Applicant No.2-

                      Krishna Pol and Applicant No.3-Dattatray Pol in Criminal




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                                                    16-IA-399-2026 (CR) AW IA-401-2026.DOC


                       Interim Application   No.401 of 2026, is hereby suspended

                       until final hearing of the Criminal Appeal No.164 of 2026.

               iv.     The Criminal Interim Application No.399 of 2026 is allowed.

               v.      The substantive sentence imposed upon the Applicant –

                       Mukund Pol in Criminal Interim Application No.399 of 2026 is

                       hereby suspended until final hearing of the Criminal Appeal

                       No.162 of 2026.

               vi.     The Applicant No.2-Krishna Pol and Applicant No.3-Dattatray

                       Pol in Criminal   Interim Application     No.401 of 2026 and

                       Applicant – Mukund Pol in Criminal Interim Application

                       No.399 of 2026, be released on furnishing P.R. Bond in the

                       sum of Rs.50,000/- each, with one or two sureties in the like

                       amount.

               vii.    The Applicant No.2-Krishna Pol and Applicant No.3-Dattatray

                       Pol in Criminal   Interim Application     No.401 of 2026 and

                       Applicant – Mukund Pol in Criminal Interim Application

                       No.399 of 2026, shall attend the concerned Police station

                       once in six month starting from 10th August, 2026.

               viii.   Both the Applications stands disposed off accordingly.




                                                      ( MEHROZ K. PATHAN, J.)




Shantanu S. Dhudum


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