Prakash Sanjay Lohar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3093 OF 2024 Prakash S. Lohar ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Shailesh Chavan along with Mr. Sachin A., Mr. Hrishikesh Avhad, Mr. Nagesh Khedkar and Mr. Sachin Pawar for the Applicant.

Mr. P.H. Gaikwad, APP for the Respondent/State API Suresh yamgar, Talegaon Dabhade Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

28.04.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 521 of 2021 registered at Talegaon Dabhade Police Station, Pune for the offences punishable under Sections 302, 363, 120(B) and 201 of the Indian Penal Code.

3.

The applicant is accused No.2 in the aforesaid crime. The deceased was cousin of accused No.1. It is alleged that on the date of incident, which took place on 22.12.2021, accused No.1 and present applicant assaulted the deceased by hammer and committed his murder, on account of previous dispute. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

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5.

Learned counsel for the applicant submits that the case is based on circumstantial evidence. It is submitted that the applicant is in jail for 3 years and 5 months and except framing of charge there is no progress in the trial. It is submitted that there are no other criminal antecedents. It is thus submitted that the applicant may be released on bail.

6.

On the other hand, learned APP for the respondent/State submits that there is a strong circumstantial evidence against the applicant. It is submitted that there is an extra judicial confession. It is submitted that considering the nature of crime, the applicant may not be released on bail and instead trial may be expedited. 7.

The case is based on circumstantial evidence. The applicant is in jail for 3 years and 5 months. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to release him 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. 521 of 2021 registered at Talegaon Dabhade Police Station, Pune for the offences punishable under Sections 302, 363, 120(B) and 201 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. 2/3

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