Sagar Sarangdhar Wankhade v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2160 OF 2024 Sagar Sarangdhar Wankhade ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
....
Mr. Naagesh Khedkkar a/w Mr. Sandip Waghmode, Advocate for the Applicant.
Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1 - State. Ms. Payal Vardhan, Appointed Advocate for Respondent NO.2. Mr. Nilesh Ghorpade (API), Lonikand Police Station, Pune City, present.
....
CORAM
:
N. R. BORKAR, J.
DATE : 05th MAY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.240 of 2021 registered at Lonikand Police Station, District : Pune, for the offences punishable under Sections 302, 376 of the Indian Penal Code,1860 (for short 'IPC') and 4, 8 of the Protection of Children from Sexual Offences Act, 2012.
3.
The applicant and the deceased were residing together in a live-in-relationship. According to the prosecution, on the date of incident, which took place on 22.04.2021,
quarrel took place between the applicant and the deceased as the deceased was talking on phone with another man. It is alleged that during the said quarrel the applicant strangulated the deceased by wire, which was lying nearby and committed her murder. It is alleged that at the relevant time the deceased was aged about 17 years.
4.
I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent-State and learned counsel for the Respondent No.2/complainant.
5.
The learned counsel for the applicant has drawn my attention to the order dated 07.11.2023 passed by this Court in Criminal Bail Application No.511 of 2023. By the said order, the applicant was permitted to withdraw his earlier bail application with liberty to file fresh application after six months depending on the progress of the trial. The learned counsel for the applicant submits that the applicant is in jail for more than four years and the trial is not likely to be concluded in near future as it is still at the stage of framing of charge.
6.
On the other hand, the learned A.P.P. for the Respondent No.1 - State submits that considering the nature of crime, the applicant may not be released on bail and trial be expedited.
7.
To enable the prosecution to show progress in the trial, by order dated 17.02.2025, I had granted about three months time to prosecution. In spite of it, there is no progress
in the trial. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.240 of 2021 registered at Lonikand Police Station, District : Pune, for the offences punishable under Sections 302, 376 of the Indian Penal Code, 1860 (for short 'IPC') and 4, 8 of the Protection of Children from Sexual Offences Act, 2012, on executing 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 once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicant shall not commit any other crime; (v) The applicant shall not enter into the limits of village Perne Phata;
(vi) Application stands disposed of accordingly.
(N. R. BORKAR, J.)