Sunil Mohan Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1314 OF 2024 Sunil Mohan Pawar ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Vikram Shinde, Advocate for the Applicant. Mr. S. V. Walve, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

01.04.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 4 of 2021 registered at Khed Police Station, Dist- Pune for the offences punishable under Sections 302 r/w Section 34 of the Indian Penal Code.

3.

It is the case of the prosecution that on the date of incident which took place on 04.05.2020 the present applicant and other co-accused assaulted the deceased and committed his murder on account of certain financial dispute.

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 case is based on circumstantial evidence. It is submitted that the applicant is in jail for four years and two months and the trial is still at the stage of framing of charge.

6.

On the other hand, the learned APP for the respondent/State submits that there is incriminating material to connect the applicant with the crime in question. It is submitted that there are criminal antecedents against the applicant and therefore, the applicant may not be released on bail.

7.

The learned counsel for the applicant submits that out of four crimes, the applicant has already been acquitted in two crimes.

8.

The case is based on circumstantial evidence. The applicant is in jail for more than four years and two months. The trial is not likely to be concluded in near future as the trial is still at the stage of framing of charge. 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 Crime No. 4 of 2021 registered at Khed Police Station, Dist- Pune for the offences punishable under Sections 302 r/w Section

34 of the Indian Penal Code, 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 not enter into the limits of Pune district till conclusion of trial, except to attend the dates before the trial Court.

9.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)