Niranjan @Gotya Pradip Pawar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3366 OF 2024 Niranjan @ Gotya Pradip Pawar ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Shailesh Chavan a/w Mr. Pruthviraj Chavan, Mr. Sumant Patale, Mr. Paras Yadav, Advocate for the Applicant. Mr. T. G. Khan, A.P.P. for the Respondent - State. Mr. Sarjerao Pujari (P.S.I.), Jejuri Police Station, present. ....
CORAM
:
N. R. BORKAR, J.
DATE :
14th FEBRUARY, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 430 of 2020 registered at Jejuri Police Station, District : Pune for the offences punishable under Sections 302, 201 r/w Section 34 of the Indian Penal Code.
3.
The deceased, the applicant and other co-accused were friends. It is alleged that deceased was addicted to liquor. It is alleged that on the date of incident which took Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.03.15 17:19:17 +0530 SAJAKALI LIYAKAT JAMADAR
place on 25.12.2020, dispute arose between them while they were consuming liquor. It is alleged that on some pretext they took the deceased to Holkar Lake, where they assaulted him by stone and committed his murder.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant has drawn my attention to the order passed by this Court dated 06.12.2023 in Criminal Bail Application No.268 of 2023. By the said order, this Court permitted the present applicant to withdraw the bail application with liberty to file fresh application after six months, if the trial does not progress substantially. The learned counsel for the applicant submits that the trial is still at the stage of framing of charge.
6.
On the other hand, the learned A.P.P. submits that the case is based on direct evidence. It is submitted that considering the nature of offence, the applicant may not be released on bail.
7.
The applicant is in jail for more than four years. 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.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 430 of 2022 registered at Jejuri Police Station, District : Pune for the offences punishable under Sections 302, 201 r/w Section 34 of the Indian Penal Code 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 of the month between 11:00 a.m. to 1:00 p.m. till conclusion of trial;
(iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)