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Bombay High CourtBA/3490/2024allowed

Pratik Ramesh Sarwade v. State Of Maharashtra

2025-04-04Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3490 OF 2024 Pratik Ramesh Sarwade ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Shailesh Kharat a/w Mr. Ajit G, Mr. Sambhaji Sangle, Mr. amit Pawar, Mr. Vedant Jagtap Advocate for the Applicant. Mrs. Veera Shinde, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

4th APRIL, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 226 of 2023 registered at Bhosari Police Station, District : Pune for the offences punishable under Sections 302, 120-B, r/w Section 34 of the Indian Penal Code.

3.

According to the prosecution, on the date of incident which took place on 15.03.2023, the applicant, co-accused Sidhant and the deceased Dinesh Kamble were consuming liquor at some isolated place. It is alleged that dispute arose

between them and during the said dispute the present applicant and co-accused assaulted the deceased by paver block 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 submits that the applicant has nothing to do with the alleged crime. It is submitted that according to witness Vikas Goyal, the deceased was hit by one unknown car. It is submitted that the alleged eye-witness can not be relied upon as he disclosed about the incident after six months.

6.

On the other hand, the learned A.P.P. for the Respondent-State submits that the case is based on direct evidence. It is submitted that considering the nature of crime, the applicant may not be released on bail.

7.

I have perused the charge-sheet. Prima facie there appears to be substance in the submission of the learned counsel to the applicant. 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. 226 of 2023 registered at Bhosari Police Station, District : Pune for the offences punishable under Sections 302, 120-B, 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 between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)