Dinesh Kundan Pawar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 5204 OF 2024 Dinesh Kundan Pawar ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Shailesh Kharat a/w Adv. Ashwet Bhoir, Advocate for the Applicant.
Mr. T. G. Khan, A.P.P. for the Respondent - State. Mr. Somnath Jaywant Kachare (PSI), Shikrapur Police Station, Pune Rural, present.
....
CORAM
:
N. R. BORKAR, J.
DATE : 29th APRIL, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.292 of 2021 registered at Shikrapur Police Station, District : Pune Rural, for the offences punishable under Sections 302, 394, 395, 396, 397 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC').
3.
In the case of the prosecution that in the intervening night of 30.04.2021 and 01.05.2021, the present applicant
and other co-accused committed dacoity at the house of the complainant. It is alleged that, while committing dacoity, they committed murder of the daughter of the complainant. 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 there is no admissible evidence to connect the applicant with the alleged crime. It is submitted that the applicant is in jail for four years and the trial has not commenced. It is submitted that there are no other criminal antecedents against the applicant.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in serious crime of dacoity and murder. It is submitted that considering the nature of crime, the applicant may not be released on bail.
7.
The applicant is in jail for four years and the trial has not commenced. There are no other criminal antecedents.
Considering the said facts, 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.292 of 2021 registered at Shikrapur Police Station, District : Pune Rural, for the offences punishable under Sections 302, 394, 395, 396, 397 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') 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) Application stands disposed of accordingly.
(N. R. BORKAR, J.)