Akshay Raju Salve v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4168 OF 2024 Akshay Raju Salve .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Dheeraj Patil a/w Mr. Drupad Patil, Advocate for the Applicant. Ms. Veera Shinde, A.P.P., for the Respondent - State. Mr. R. M. Chavan, P.I., Sangmeshwar Police Station, Ratnagiri - present.

----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.11.04 18:02:34 +0530 SHANTANU SHANKARSA DHUDUM DATE : 3rd NOVEMBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.80 of 2023 registered with Sangmeshwar Police Station, District: Ratnagiri, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, "IPC").

2.

It is prosecution's case that on 25th September, 2023 to 27th September, 2023, the Applicant and co-accused assaulted the father of Shantanu S. Dhudum 1/4

the first informant with a sharp weapon and murdered him on the ground of financial dispute.

3.

It is contention of learned counsel for the Applicant that the prosecution's case is based on circumstantial evidence. The Applicant is behind bar for more than two years. Investigation is completed and charge-sheet has been filed. Though charge is framed, there is no progress in the trial. The main allegations are levelled against the Accused No.1 - Sagar. Hence, requested to allow the application.

4.

It is contention of learned APP that the Applicant and coaccused assaulted the deceased to death on the ground of financial dispute. There are statements of two witnesses who had seen the Applicant with the deceased before the incident. If the Applicant is released on bail, he may 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.

In the F.I.R., it is mentioned that there was financial transaction between the deceased and the Accused No.1 - Sagar. The co-accused Sunny has been released on bail, who has similar Shantanu S. Dhudum 2/4

allegations like the Applicant. The Applicant has no antecedent. Hence, the Applicant is entitled for bail on the principle of parity. Considering these facts as well as the prosecution's case is based on circumstantial evidence, I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.80 of 2023 registered with Sangmeshwar Police Station, District: Ratnagiri, 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.

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

v. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vi. The Applicant shall inform his latest place of residence Shantanu S. Dhudum 3/4

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 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