Created by Fuzzy Cloud

Bombay High Court

NARAYAN YAJINDAR BHOSALEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the convicted appellant, suspending the sentence during the pendency of the appeal.

Summary

Narayan Yajindar Bhosale was convicted under Section 302 of the Indian Penal Code for murdering his daughter by pouring kerosene on her and setting her ablaze, allegedly over a dowry dispute following her inter‑caste marriage. After serving more than twelve years in custody, he filed an interim bail application. The trial court had earlier denied bail, relying on the victim's dying declaration. The High Court, however, considered recent Supreme Court precedents (Saudan Singh v. State of Uttar Pradesh and Suleman v. State of Uttar Pradesh) and, despite the seriousness of the offence, granted bail, suspending the sentence pending the appeal. The bail order required a bond of Rs.25,000 with sureties, periodic police attendance, and compliance with address disclosure, with provisions for cancellation upon defaults. The interim application was allowed and disposed.

Issues considered

  • Whether a person convicted under Section 302 IPC may be released on bail pending appeal after prolonged incarceration.
  • Whether the seriousness of the offence and the existence of a dying declaration preclude bail.
  • Whether the Supreme Court decisions in Saudan Singh and Suleman are applicable to justify bail in this case.

Legislation cited

Subjects

  • bail
  • murder
  • Section 302 IPC
  • dying declaration
  • dowry dispute
  • appeal
  • suspension of sentence
  • high court

Judgment

                                                               307-ia 664-26.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 664 OF 2026
                                   IN
                         APPEAL NO. 436 OF 2017

Narayan Yajindar Bhosale                                     … Applicant
        Versus
The State of Maharashtra                                     ... Respondent
                         __________________________

Mr. Anoop Lahote (through VC) for the Applicant.
Mr. A. A. Palkar, APP for the Respondent-State.
                        __________________________

                                  CORAM        : M. S. KARNIK AND
                                                 S. M. MODAK, JJ.
                                  DATED        : 12th JUNE, 2026.

P.C. :

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

2.       This is an application for bail through jail. However, learned counsel

now appears and submits that he is instructed to appear on behalf of the

applicant-original accused No.1.

3.       The applicant-original accused No.1 was convicted by the trial Court

for the offence punishable under Sections 302 of the Indian Penal Code

causing the death of his daughter Simran @ Mungadi by pouring kerosene

on her and setting her on fire. The applicant is now seeking bail.

4.       It is the prosecution case that Simran @ Mungadi had performed

love marriage. Due to this, the applicant was demanding money from his


 Amk                                                                    1/4
                                                           307-ia 664-26.doc

daughter Simran and her husband as according to him, it was a custom in

their community that at the time of daughter’s marriage, the father of the

daughter is given money. Some amount was given by Simran and her

husband to her father i.e. the applicant but the applicant was demanding

more money, specially in view of the fact that it was an inter-caste

marriage. On 25th February, 2014 at about 7.00 a.m., the applicant came

to the matrimonial house of his daughter Simran and poured kerosene and

set her on fire.     All these facts are stated by Simran in her dying

declaration, Exhibit 48 which was recorded by PW 8 PSI Tadakhe. Simran

sustained 97% burn injuries and died on account of the same.

5.     By an Order dated 18th July, 2017, the application for bail was

rejected by this Court as this Court was not inclined to grant bail

considering that the dying declaration Exhibit 48 clearly shows the

involvement of the applicant in the crime. This appeal is of the year 2017.

The applicant is in custody for more than 12 years. It may not be possible

for us to hear the appeal finally on priority considering the much older

matters which are pending.

6.     Learned APP opposed the application stating that the offence is

serious in nature.

7.     In such view of the matter, following the dictum of the Hon’ble

Supreme Court in Saudan Singh Vs. State of Uttar Pradesh, 2022 SCC



 Amk                                                                2/4
                                                             307-ia 664-26.doc

Online SC 697 and Suleman Vs. State of Uttar Pradesh in Misc. Application

No. 764 of 2022 dated 15th September, 2022, we are inclined to enlarge

the applicant on bail considering the facts and circumstances of the present

case.

8.      Hence, the following Order:-

        (i)     The sentence imposed by the trial Court in Sessions Case No.

        458 of 2014 in respect of the applicant-original accused No.1-

        Narayan Yajindar Bhosale is suspended during the pendency of the

        appeal.

        (ii)    The applicant-original accused No.1-Narayan Yajindar Bhosale

        is enlarged on bail in Sessions Case No. 458 of 2014 arising out of

        FIR No. 81/2014 registered with Shirur Police Station, District Pune

        on his furnishing P. R. bond of Rs.25,000/- with one or more solvent

        local sureties in the like amount.

        (iii)   After his release from Jail and during the pendency of the

        present Appeal, the applicant shall attend Shirur Police Station,

        District Pune on every first day of every 3 rd month commencing 1st

        July, 2026 between 10.00 a.m. and 12.00 noon.

        (iv)    The applicants shall remain present at the time of final

        hearing.




 Amk                                                                  3/4
                                                                  307-ia 664-26.doc


       (v)     The applicants shall furnish his residential address and contact

       details to the trial Court as well as Shirur Police Station.

       (vi)    In case of two consecutive defaults in attendance, prosecution

       is at liberty to file an application for cancellation of bail.


9.     The Interim Application is allowed in the aforesaid terms and

disposed of.



(S. M. MODAK, J.)                                             (M. S. KARNIK, J.)




 Amk                                                                       4/4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.