Somesh Bajarang Chavan v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 75 OF 2024 Somesh B. Chavan ...Applicant V/s.
The State of Maharashtra
...Respondent.
..............
Mr. Pratik Rajopadhye and Mr. Ameya Ranade for the Applicant. Mr.Vinod Chate, APP for the Respondent/State. ..............
CORAM
:
N.R. BORKAR, J.
DATE :
21.03.2025.
P.C. :
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.183 of 2022 registered at Warje Malwadi Police Station, Pune for the offences punishable under Sections 302, 201, 120-B, 364 read with 34 of the Indian Penal Code and under Section 3 read with 25 of the Arms Act.
3.
The present applicant is the accused No.3 in the present crime. According to the prosecution, there was dispute between the accused No.1 and the deceased on account of some financial issues. Accused No.1 thus decided to kill the deceased and for that purpose entered into conspiracy with present applicant and accused No.2. It is alleged that pursuant to conspiracy on the date of incident, which took place on 18.05.2022, the deceased was abducted and murdered.
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4.
I have heard the learned counsel for the applicant and the learned APP for the respondent - State.
5.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that motive for the alleged crime is attributed to the accused No.1 and the trial Court has released her on bail. It is submitted that the case is based on circumstantial evidence. It is submitted that applicant is in jail for three years and the trial has not commenced.
6.
On the other hand, the learned APP for the Respondent/State submits that considering the nature of crime the applicant may not be released on bail and trial be expedited. 7.
The case is based on circumstantial evidence. The applicant is in jail for about 3 years and the trial has not commenced. The trial Court has already released the accused No.1 on bail. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.
O R D E R
A] The Application is allowed.
B] The applicant be released on bail in C.R. No. 183 of 2/3
2022 registered at Warje Malwadi Police Station, Pune for the offences punishable under Sections 302, 201, 120-B, 364 read with 34 of the Indian Penal Code and under Section 3 read with 25 of the Arms Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C] The applicant shall attend the concerned police station once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.
[N.R.BORKAR, J.] 3/3