Sahadev Thanu Yadav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2833 OF 2025 Sahadev Thanu Yadav ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ramnik P. Pawar a/w Mr. Rahul Gupta, Mr. Parvej Nadaf, Mr. Samadhan Mahamulkar, Ms. Shubhangi Kadam, Mr. Pankaj Mule, Advocate for Applicant.

Dr. A. A. Takalkar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

22nd SEPTEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.84 of 2022 registered with Shahuwadi Police Station, District Kolhapur for the offences punishable under Section 302 of the Indian Penal Code (for short "IPC")..

2.

It is prosecution's case that on 25th March, 2022 at around 11.30 p.m., the applciant assaulted the deceased with iron pipe and murdered him on the ground that the deceased abused the applicant in the name of his mother and sister.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.24 19:51:52 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for the applicant that the applicant is behind bar for more than three years and six months. Yet trial is not concluded. There is no progress in trial. The applicant has no antecedent. After the incident, the applicant went to police station and reported the Police about the incident. The applicant is the Karta of his family. Hence, requested to allow the application. 4.

It is contention of learned APP that the applicant assaulted the deceased with iron pipe. He used to quarrel frequently with the deceased. The charge has been framed. If applicant released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused the FIR, and documents produced on record. The appliant is behind bar for more than three years and six months. Though charge is framed, there is no progress in trial. The applicant has no antecedent. Whether the said incident happened in sudden provocation or not is part of trial. Considering these facts, further detention of the applicant is not necessary.

6.

In view of the above, I pass the following order :

ORDER

(i) The Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.84 of 2022 registered with Shahuwadi Police Station, District Kolhapur, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

(iv) The applicant shall attend the police Station as and when required.

(v) The Applicant shall attend the Trial Court dates, regularly.

7.

The application is allowed in the aforesaid terms and is 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.)