Raghu Alias Krushnamurthi Paratnayak v. State Of Maharashtra

2023:BHC-AS:24896 Darshan Patil 6.BA.180-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.180 OF 2023 RAGHU ALIAS KRUSHNAMURTHI PARATNAYAK ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Kedar J. Patil for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 30, 2023 P.C. :

1.

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

2.

This is an application for bail in respect of the offence punishable under Sections 302 of the Indian Penal Code registered vide C.R. No.677 of 2018 with Karad City Police Station. The First Information Report is dated 12/09/2018. The applicant was arrested on 12/09/2018.

3.

The accusation against the applicant is that he has killed his wife. The deceased was 12 weeks pregnant. The deceased was staying with the applicant. The dead body was found in the room, where the applicant was staying 1/2

Darshan Patil 6.BA.180-23.doc after it was noticed that a foul smell was coming from inside.

4.

On record is an extra-judicial confession which learned counsel for the applicant submits is a weak piece of evidence. Learned counsel for the applicant submits that even if it is assumed that the prosecution version is to be accepted, at the highest, the incident happened in the heat of the moment. The applicant confronted the deceased with her photographs with another person with whom she was having an affair. It is submitted that the deceased abused the applicant. It is further submitted that the applicant be enlarged on bail in view of the long incarceration. 5.

In the present facts, I am not inclined to enlarge the applicant on bail, though the applicant is in pre-trial custody almost for the period of 4 years and 11 months. I am inclined to direct the trial Court to expedite the trial with liberty to the applicant to apply after 6 months afresh, if the trial does not conclude by then.

6.

The application is disposed of in the above terms. (M. S. KARNIK, J.) 2/2