Yash @ Bhau Sahadu Kedari v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3505 OF 2024 Yash @ Bhau Sahadu Kedari ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Vikas Shivarkar, Advocate for the Applicant. Mr. T. G. Khan, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
27th FEBRUARY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.96 of 2018 registered at Kamshet Police Station, Pune Rural, District : Pune, for the offences punishable under Sections 302, 498-A read with Section 34 of the Indian Penal Code and Section 4(25) of the Arms Act.
3.
The deceased was the wife of the present applicant. According to the prosecution, on the date of incident which took place on 06.07.2018 the present applicant and other
co-accused assaulted the deceased by sharp weapon and committed her murder as she gave birth to girl child and was refusing to work in field.
4.
The bail is sought on the ground of long incarceration as under-trial prisoner. The learned counsel for the applicant submits that the applicant is in jail for a period of approximately 7 years. It is submitted that the case is based on circumstantial evidence.
5.
On the other hand, the learned A.P.P. for the Respondent-State submits that the trial has commenced and the prosecution has already examined nine witnesses. It is submitted that at this stage the present application may not be entertained.
6.
It appears that trial court has recorded the evidence of first witness in the year-2019. It appears from the affidavitin-reply filed by the State that there is a some issue in relation to the A.P.P. appearing before the Trial Court. 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.96 of 2018 registered at Kamshet Police Station, Pune Rural, District : Pune, for the offences punishable under Sections 302, 498-A read with Section 34 of the Indian Penal Code and Section 4(25) of the Arms Act 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) The applicant shall attend Trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason;
(v) Application stands disposed of accordingly.
(N. R. BORKAR, J.)