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Bombay High CourtBA/3480/2025disposed off

Arvind Sarjerao Patil v. The State Of Maharashtra

2025-10-15Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3480 OF 2025 Arvind Sarjerao Patil ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

.....

Mr. Pandit B. Patil, Advocate for Applicant.

Mr. A. S. Shalgaonkar, APP for the Respondents-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

15th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.359 of 2020 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 29th May 2020 at around 5.45 a.m. the applicant murdered his wife by strangulating her and he informed the first informant about the said murder. 3.

It is contention of learned counsel for applicant that the applicant is behind bar for more than five years. There is no progress in trial. The prosecution case is based on extra judicial confession. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.16 18:02:33 +0530 SAJAKALI LIYAKAT JAMADAR

The applicant has no antecedents and requested to allow the application.

4.

It is contention of learned APP that the applicant killed his wife by strangulating her. He was stayed with his wife. He has informed about the said murder to first informant. If applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both learned counsels, perused the FIR and documents produced on record. The prosecution case is based on extra judicial confession. Its' evidentiary value can be considered at the time of trial. The applicant is behind bar for more than five years. Though charge is framed, there is no progress in trial. The applicant has no antecedents. Considering these facts, I pass following order :

ORDER

(i) The Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.359 of 2020 registered with Shahuwadi Police Station, District Kolhapur, on executing P.R.Bond in the sum of Rs.20,000/- 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 prosecution witnesses or any person concerned with the case.

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

6.

The Application is allowed in the aforesaid terms and is accordingly disposed off.

7.

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.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)