Appa Alias Appaso Dnyanu Godase v. State Of Maharashtra
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION. NO. 3462 OF 2025 Appa Alias Appaso Dnyanu Godase ...Applicant
Versus
State Of Maharashtra
...Respondent
HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:
2025.12.11 19:52:34 +0530 ------- Mr. C. R. Sonecha Advocate for the Applicant. Mr. S. H. Yadav, APP for the State.
-------
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
10th DECEMBER, 2025 P.C.
1.
By this application, applicant is seeking regular bail in Crime No.361 of 2023 registered with Atpadi Police Station, Dist-Sangli for the offences punishable under Section 302 of Indian Penal Code, 1860.
2.
It is prosecution's case that the applicant and accused no. 1 murdered the deceased on the ground of dispute with accused no. 1. 3.
It is the contention of learned counsel for the applicant that the applicant is behind bar more than two years. There is no progress in trial. The allegations against the applicant are that he assaulted the deceased on his private part. The main allegations are against
accused no. 1 that he assaulted the deceased on his head with stone. Hence, requested to allow the application.
4.
It is contention of learned APP that the applicant and accused no. 1 were last seen with the deceased. They carried the deceased on their motorcycle. They both murdered the deceased. If the applicant released on bail, he may abscond and threaten the prosecution witnesses and requested to rejected the application. 5.
I have heard both learned counsel, perused the FIR and documents produced on record.
6.
It appears from the record that accused no. 1 assaulted the deceased with stone on his head, whereas, the applicant assaulted the deceased on his private part. The postmortem report shows death caused of the deceased due to head injury. Applicant is behind bar more than two years. Investigation is completed, chargesheet has been filed. There is no progress in trial. Considering these facts, further detention of applicant is not required and I pass following order :
ORDER
I.
The applicant be enlarged on bail in Crime No.361 of 2023 registered with Atpadi Police Station, Dist-Sangli on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.
II.
The applicant shall attend the Court dates regularly. 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. 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.)