HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE A.S. GADKARIHON'BLE JUSTICE KAMAL KHATA
RAJESH MANIRAM YADAV – Appellant
Versus
STATE OF MAHARASHTRA AND ANR – Respondent
IA/4462/2025
2026:BHC-AS:11244-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4462 OF 2025 IN CRIMINAL APPEAL NO. 1230 OF 2025 Rajesh Maniram Yadav … Applicant V/s.
The State of Maharashtra & Anr. … Respondents _______________________________________
Mr. Ghanasham Jadhav for Applicant.
Smt. Prajakta P. Shinde, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.
DATE : 5th March 2026 P.C. :
1) This is an Application for suspension of sentence and releasing the Applicant on bail, during the pendency of Appeal.
2) The Applicant is convicted under Sections 302, 376 and 380 of the Indian Penal Code and sentenced to suffer imprisonment for life by the learned Additional Sessions Judge-12, Pune, in Sessions Case No. 404 of
2015, by its Judgment and Order dated 2nd July 2025.
3) Perusal of record indicates that, since the date of his arrest, the Applicant is behind bars and as of today, has undergone about 11 years in incarceration. Taking into consideration the huge pendency of Appeals, the possibility of hearing of substantive Appeal of the Applicant in near future is remote.
4) In view of the observations made by the Hon’ble Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, reported in 2022 SCC OnLine SC 697 and Suleman Vs. The State of Uttar Pradesh, in Miscellaneous Application No. 764 of 2022, dated 15th September 2022, as the Applicant has undergone about 11 years of actual imprisonment and there is no chance of hearing his substantive Appeal in the near future, the substantive sentence imposed upon the Applicant can be suspended and he can be released on bail.
5) Hence, the following Order :-
[i] During the pendency of Appeal preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 2nd July 2025, passed by the learned Additional Sessions Judge-12, Pune, in Sessions Case No.404 of 2015, is suspended and the Applicant be released on bail on his furnishing PR bond of Rs. 50,000/- with one or two local sureties in the like amount.
[ii] Before his release from jail, the Applicant shall give his prospective residential address and the mobile and/or landline number on which he or his any close relative can be contacted.
[iii] After his release from jail, the Applicant shall attend the Shivajinagar Police Station, Pune on every first Monday of each month between 10.00 a.m. and 12.00 noon initially for a period of one year and thereafter on every first Monday between 10.00 a.m. and 12.00 noon of every third calender month i.e. four times in a year, till the disposal of Appeal.
[iv] In case of two consecutive defaults in complying with the aforestated conditions, the prosecution is at liberty to file an Application for cancellation of bail.
6) Application is allowed in the aforesaid terms. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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