Ganesh Raju Paradhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3577 OF 2024 Ganesh Raji Paradhe ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Vaibhav Chandanshive, for the applicant.

Mr. Pankaj Deokar, APP, for the Respondent / State.

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.11.11 18:48:32 +0530 VARSHA DEEPAK GAIKWAD DATE :

11TH NOVEMBER, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.445 of 2021, registered with Talegaon Dabhade Police Station, Pune, for the offences punishable under Section 302 of the Indian Penal Code. 3.

It is alleged that on the date of incident the deceased who was the father of the applicant was abusing the mother of the applicant and despite the fact that the applicant requested him not to abuse her the deceased continued and in a fit of anger the applicant assaulted the deceased because of which he died.

4.

Having gone through the charge-sheet and the material

collected by the IO during the investigation, it is evident that the offence was not premeditated and it was taken place in a spur of moment and in a fit of anger.

5.

In the said backdrop, considering the period of incarceration of the applicant which is more than 3 years, I am of the opinion that further custody of the applicant is not necessary. Furthermore, there is no possibility that the applicant would not be available for the trial.

6.

In that view of the matter and further there is no possibility that the trial will be concluded in near future, I am of the opinion that the applicant is entitled for grant of bail.

7.

In the circumstance, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in in Crime No.445 of 2021, registered with Talegaon Dabhade Police Station, Pune, for the offences punishable under Section 302 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the concerned Police Station on 1st day of every month between 10.00a.m. to

11.00 a.m., till the conclusion of the trial except on the date of trial;

iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

v) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or misuse of liberty by the applicant.

vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

8.

The application is disposed of .

(ANIL S. KILOR, J)