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Bombay High CourtBA/5314/2024allowed

Kusum Ramchandra Jagadale v. The State Of Maharashtra

2025-05-08Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5314 OF 2024 Kusum Ramchandra Jagadale ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Rajaram V. Bansode a/w Mr. Mohan M. chavan, Advocate for the Applicant.

Ms. Anamika Malhotra, A.P.P. for the Respondent - State. Mr. N. S. Raskar, Dahiwadi Police Station, Satara, present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

8th MAY, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 203 of 2024 registered at Dahiwadi Police Station, District : Satara for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code.

3.

The deceased was the son of the present applicant. According to the prosecution the deceased was addicted to liquor. He used to harass the applicant and other co-accused Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.06.06 13:02:11 +0530 i.e. father, sister under the influence of liquor for money and SAJAKALI LIYAKAT JAMADAR

immovable property. It is alleged that thus on the date of incident which took place on 04.05.2024, the present applicant and other co-accused assaulted the deceased with a stone and strangulated him.

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 case is based on circumstantial evidence. It is submitted that the applicant is in jail for about one year and the trial is still at the stage of framing of charge.

6.

On the other hand, the learned A.P.P. for the Respondent-State submits that considering the nature of crime, the applicant may not be released on bail. 7.

The case is based on circumstantial evidence. The applicant is in jail for one year and the trial has not commenced. Considering the overall facts and circumstances of the case, 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. 203 of 2024 registered at Dahiwadi Police Station, District : Satara for the offences punishable under Section 302 read with 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) Application stands disposed of accordingly.

(N. R. BORKAR, J.)