Pratik Sunil Kadam v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4196 OF 2024 Pratik Sunil Kadam ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Bhushan Raut a/w Mr. Vaibhav Lawande, Advocate for the Applicant.

Mr. S. S. Choudhari, A.P.P. for the Respondent - State. Ms. Shamal Patil (PSI), Chatushrungi Police Station, Pune City, present.

....

CORAM

:

N. R. BORKAR, J.

DATE :

24th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.549 of 2018 registered at Chatushrungi Police Station, District : Pune, for the offences punishable under Sections 302, 120-B, 143, 144, 147, 148, 149 of the Indian Penal Code, Section 4(25) of the Arms Act and Section 37(1)/135 of the Maharashtra Police Act.

3.

I have heard the learned counsel for the applicant

and learned A.P.P. for the Respondent-State.

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 six and half years. It is submitted that out of 51 witnesses cited by the prosecution, till date the prosecution has examined only 10 witnesses. It is submitted that the trial is not therefore likely to be concluded in the near future.

5.

On the other hand, the learned A.P.P. for the Respondent-State submits that the deceased was brutally murdered. It is submitted that the applicant is involved in two more crimes. The learned A.P.P. submits that as the trial has commenced, the present application may not be entertained. 6.

Considering the fact that the applicant is in jail for six and half years, I am inclined to release him on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.549 of 2018 registered at Chatushrungi Police Station, District : Pune, for the

offences punishable under Sections 302, 120-B, 143, 144, 147, 148, 149 of the Indian Penal Code, Section 4(25) of the Arms Act and Section 37(1)/135 of the Maharashtra Police 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 not commit any other crime; (v) The application is disposed of accordingly.

(N. R. BORKAR, J.)