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Bombay High CourtBA/2602/2025allowed

Himalaya Satish Daigude v. State Of Maharashtra

2025-10-06Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2602 OF 2025 Himalaya Satish Daigude .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Rahul Dhaygude, Advocate for the Applicant. Ms. Veera Shinde, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 6th OCTOBER, 2025.

P.C. :

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.07 19:55:40 +0530 SHANTANU SHANKARSA DHUDUM 1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.41 of 2021 registered with Wathar Police Station, Tal. Koregaon, District: Satara, for the offences punishable under Section 394 read with Section 34 of the Indian Penal Code, 1860 (for short, "IPC").

2.

It is prosecution's case that on 25th February, 2021 at around 12:00 noon, the first informant was accompanying her husband on the motorcycle. At that time, the Applicant and coaccused waylaid them and robbed the gold ornaments of first Shantanu S. Dhudum 1/4

informant and cash amount of her husband.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than four years and seven months. Though charge is framed, there is no progress in the trial. It may take time to conclude the trial. Hence, requested to allow the application. 4.

It is contention of learned APP that the Applicant has eight antecedents. There is recovery of the said gold ornaments from the gang leader. The Applicant is the member of organized crime syndicate. If he is released on bail, he may abscond or threaten the prosecution witnesses, and requested to reject the application. 5.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

6.

There is no recovery at the instance of the Applicant. The Applicant is behind bars for more than four years and seven months. Though charge is framed, there is no progress in the trial. It may take time to conclude the trial, and I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.41 of 2021 registered with Wathar Police Shantanu S. Dhudum 2/4

Station, Tal. Koregaon, District: Satara, on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned police station as and when required.

iv. The Applicant shall not enter in Satara district till recording of the evidence of first informant and her husband except attending the Court date.

v. The Applicant shall remain present before the trial Court on each date unless exempted by the Trial Court.

vi. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vii. The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

7.

The application is allowed in the aforesaid terms and is Shantanu S. Dhudum 3/4

accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4