Sanket Prakash Alhat v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2918 OF 2024 Sanket Prakash Alhat ...Applicant
VERSUS
The State of Maharashtra
...Respondent
....
Mr. Nagesh S. Khedkar a/w Mr. Nikhil H. a/w Ms. Sampada Patil a/w Mr. Sagar Shinde, Advocate for the Applicant. Mr. T. G. Khan, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
25.02.2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 1069 of 2020 registered at Kondhwa Police Station, Dist- Pune for the offences punishable under Sections 302 & 143 of the Indian Penal Code, under Section 7 of Criminal Law Amendment Act, under Section 3(1)(ii), 3(2) & 3(4) of the MCOC Act.
3.
According to the prosecution, on the date of incident which took place on 06.10.2020 the deceased, the applicant and the co-accused were consuming liquor. It is alleged that dispute arose between the co-accused Dnyaneshwar Balaji Langde and deceased and they
started abusing each other. It is alleged that during the said dispute the present applicant and the other coaccused assaulted the deceased by stone and cement block and committed his murder.
5.
I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 6.
The bail is sought on the ground of long incarceration. The learned counsel for the applicant submits that the applicant is in jail for four and half years and the trial is still at the stage of framing of charge. It is submitted that there are no other criminal antecedents against the applicant.
7.
On the other hand, the learned APP for the respondent-State submits that the applicant is a member of organised crime syndicate. It is submitted that the case is based on direct evidence and according to the eye witnesses present applicant has assaulted the deceased by stone. It is submitted that considering the nature of offence the applicant may not be released on bail. 9.
The applicant is in jail for four and half years and the trial is still at the stage of framing of charge. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances of the case, 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. 1069 of 2020 registered at Kondhwa Police Station, Dist- Pune for the offences punishable under Sections 302 & 143 of the Indian Penal Code, under Section 7 of Criminal Law Amendment Act, under Section 3(1)(ii), 3(2) & 3(4) of the MCOC 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 am to 2:00 pm, till conclusion of the trial.
10.
Application stands disposed of accordingly.
(N. R. BORKAR, J.)