Yogesh Suresh Suryawanshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3459 OF 2025 Yogesh Suresh Suryawanshi .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Ms. Prajakta Bhilugade a/w Mr. Sachin Y. Mane, Mr. Pratik G. Tare and Ms. Vaishnavi Swami, Advocate for the Applicant. Mr. Nitin B. Patil, A.P.P., for the Respondent - State. M. V. Biranje, HC, Shiroli MIDC Police Station, present. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.11.21 16:21:12 +0530 SHANTANU SHANKARSA DHUDUM DATE : 20th NOVEMBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.195 of 2024 registered with Shiroli MIDC Police Station, Kolhapur, for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short, "IPC"). 2.

It is prosecution's case that on 14th June 2024, at around 6:00 p.m., when the first informant and his friend gone out, the Applicant approached them, and took out a knife from his pant pocket and stabbed the deceased in the chest on the ground that the Shantanu S. Dhudum 1/3

deceased had love affair with daughter of the Applicant. 3.

It is contention of learned counsel for the Applicant that the Applicant is behind bar for more than one year and five months. Investigation is completed and charge-sheet has been filed. The Applicant had no intention to kill the deceased. The Applicant has no antecedent. Hence, requested to allow the application. 4.

It is contention of learned APP that the Applicant had gone to the incident spot with prior preparation. He took out a knife from his pant pocket and inflicted blows on the chest of the deceased, which shows that the incident was pre-planned. If the Applicant is released on bail, he may threaten the prosecution witnesses and first informant. The knife is recovered at the instance of the Applicant. Hence, requested to reject the application.

5.

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

6.

The Applicant is behind bar for more than one year and five months. Investigation is completed and charge-sheet has been filed. The Applicant has no antecedent. The Applicant is a Karta of his family. It appears that the incident is happened in spur of moment. Considering these facts, his custodial interrogation is not required, Shantanu S. Dhudum 2/3

and I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.195 of 2024 registered with Shiroli MIDC Police Station, Kolhapur, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

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

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.) Shantanu S. Dhudum 3/3