Radhikesh Shivaji Pawar v. State Of Maharashtra
911-BA-4951-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4951 OF 2024 Radhikesh Shivaji Pawar ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Amit Icham, Advocate for the Applicant.
Mrs. G. P. Mulekar, A.P.P. for the Respondent - State. Mr. Samir Shende (A.P.I.), Bharti Vidyapeeth Police Station, Pune City, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
20th FEBRUARY, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 312 of 2017 registered at Bharti Vidyapeeth Police Station, District : Pune for the offences punishable under Sections 302, 201 r/w Section 34 of the Indian Penal Code.
3.
According to the prosecution, the applicant was harassing the sister of the deceased. It is alleged that thus there was enmity between them. It is alleged that due to said enmity, on the date of incident, which took place on 29.6.2017, the present applicant and other co-accused assaulted the deceased by the stone and committed his murder.
4.
I have heard the learned counsel for the applicant and the learned APP for the respondent/State. Sajakali Jamadar
911-BA-4951-2024.doc 5.
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 more than Seven years and Six months and the trial is still at the initial stage as the prosecution has till date examined only two witnesses. It is submitted that the case is based on circumstantial evidence. 6.
On the other hand, the learned A.P.P. for the Respondent-State submits that the trial has commenced and at this stage the present application for bail may not be entertained.
7.
The case is based on circumstantial evidence. Considering the fact that the applicant is in jail for more than Seven years and Six months, I am inclined to release him on bail. In the result, the following order is passed.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 312 of 2017 registered at Bharti Vidyapeeth 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 not enter into the corporation limits of Pune City except to attend the dates before the trial Court.
(iv) The Application stands disposed of accordingly. (N. R. BORKAR, J.) Sajakali Jamadar