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Bombay High CourtBA/3215/2024allowed

Nanda Jaywant Thakur v. State Of Maharashtra

2025-02-20Hon'Ble Shri Justice N. R. Borkar2 pages

904-BA-3215-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3215 OF 2024 Nanda Jaywant Thakur ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Shriganesh S. Sawalkar a/w Adv. Vishruti Gajanan and Mr. Prafull Ganpat S., Advocate for the Applicant. Mr. Tanveer Khan, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

20th FEBRUARY, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 446 of 2021 registered at Panvel City Police Station, District : Navi Mumbai for offences punishable under Sections 302 and 392 of the Indian Penal Code (IPC).

3.

According to the prosecution, on the date of incident which took place on 14.08.2021, the present applicant and other co-accused committed the murder of the deceased with a view to rob him.

4.

I have heard the learned counsel for the applicant and the learned A.P.P. for the Respondent-State.

Zeenat Pathan

904-BA-3215-2024.doc 5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that case is based on circumstantial evidence and the applicant is in jail for three and half years. 6.

On the other hand, the learned A.P.P. for the Respondent-State submits that dead body of the deceased was found in the house of the applicant. It is submitted that considering the nature of offence, the applicant may not be released on bail.

7.

The case is based on circumstantial evidence. The applicant is in jail for three and half years and the trial has not commenced. In that view of the matter, 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. 446 of 2021 registered at Panvel City Police Station, District : Navi Mumbai for offences punishable under Sections 302 and 392 of the IPC on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(N. R. BORKAR, J.) Zeenat Pathan