Sachin Lingappa Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1638 OF 2023 Sachin Lingappa Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Pratik Tare i/by Mr. Kedar J. Patil, for the Applicant Mr. P. H. Gaikwad, APP for the Respondent-State PSI, M.B. Sawant, Shivajinagar Police Station, Ichalkaranji present CORAM : MADHAV J. JAMDAR, J.

DATED : 10th JANUARY 2024 P.C. :

1.

Heard Mr. Tare, learned Counsel appearing for the Applicant and Mr. Gaikwad, learned APP appearing for the Respondent-State.

2.

This is a regular Bail Application preferred under Section 439 of the Code of Criminal Procedure, 1973.

3.

The relevant details are as follows:- C.R. No.

Date of Registration of F.I.R.

07/01/2022 1/4

Police Station Shivaji Nagar Police Station, Ichalkaranji, District Kolhapur Sections Applied 302 of I.P.C., 1860 Date of Incident 07/01/2022 Date of Arrest 07/01/2022 Date of fling of Charge-sheet 31/03/2022 4.

As per the prosecution case, the deceased was a destitute surviving on alms. The Applicant and one Dandoji Patil asked the deceased for money to purchase and consume liquor. The deceased gave Twenty Rupees to said Dandoji Patil but refused to give Thirty Rupees as demanded by the Applicant. Therefore quarrel took place between the Applicant and the Deceased and the Applicant killed the deceased by bludgeoning him with a stone.

5.

Mr. Gaikwad, learned APP opposed the Bail Application on the ground that there are eye-witnesses to the incident, and there is recovery of blood stained clothes at the instance of the Applicant.

6.

The Applicant has been arrested on 7th January 2022. The Charge-sheet has already been fled. As per the Chargesheet, there are around 16 witnesses. 2/4

7.

The Applicant is under incarceration for more than two years. The trial is unlikely to conclude any time soon and is likely to take a considerably long time.

8.

The present Applicant does not have any criminal antecedents. The Applicant does not appear to be a fight risk. 9.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. Hence, the following order:-

O R D E R

(a) The Applicant - Sachin Lingappa Patil be released on bail in connection with C.R. No.9 of 2022 registered with the Shivaji Nagar Police Station, Ichalkaranji, District-Kolhapur on his furnishing a Personal (P.R.) Bond of Rs.5,000/- with one or two sureties in the like amount.

(b) After being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case there is any change.

(c) The Applicant shall report to the Shivaji Nagar Police Station, Ichalkaranji, District-Kolhapur once 3/4

every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Offcer.

(e) The Applicant shall not tamper with the evidence and shall not contact or infuence the Complainant or any witnesses in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(g) The Applicant shall surrender his passport, if any, to the Investigating Offcer.

10.

The Application is disposed of.

BHALCHANDRA GOPAL DUSANE [MADHAV J. JAMDAR, J.] BHALCHANDRA GOPAL DUSANE Date: 2024.01.10 19:25:09 +0530 4/4