Yogesh Sambhaji Kurhade v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.5416 OF 2024 Yogesh Sambhaji Kurhade ...Applicant

Versus

The State of Maharashtra

...Respondent

_______________________________________________________________ Mr. Sumit V. Khaire, for the Applicant.

Mr. S. S. Ghag, APP for the Respondent - State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 24th APRIL 2025 P.C.:

1.

Heard Mr. Khaire, learned Counsel appearing for the Applicant and Mr. Ghag, learned APP for the Respondent - State. 2.

This is a second Bail Application preferred under Section 439 of the Code of Criminal Procedure, 1973. The first Bail Application has been allowed to be withdrawn by order dated 18th January 2024. However, by said order liberty has been granted to the Applicant to file fresh Bail Application after a period of 10 months. The relevant details are as follows:- C. R. No.

563/2022 Date of registration of F.I.R.

15/08/2022 Name of Police Station Shirur Police Station Section/s invoked 302 of the I.P.C., 1860 Date of incident 06/08/2022 Date of arrest 17/08/2022 Date of filing Charge-sheet 11/11/2022 Page No. 1

3.

Mr. Khaire, learned Counsel appearing for the Applicant at the outset states that the Applicant is not seeking bail on merits. However, he submits that the Applicant is incarcerated since 17th August 2022 and therefore, the Applicant is seeking bail on the ground of violation of the fundamental right of the Applicant of speedy trial. 4.

Mr. Ghag, learned APP strongly opposes the Bail Application. He states that there is incriminating material against the Applicant and therefore, the Bail Application be rejected.

5.

In this case the Applicant is arrested on 17th August 2022. Even after passing of 2 years and 8 months there is no progress in the trial and even the charge is also not framed.

6.

Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an essential ingredient of "reasonable, fair and just" procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused.1 Therefore, the Applicant is entitled for bail. 7.

The Applicant does not have any criminal antecedent. 8.

The Applicant does not appear to be at risk of flight. 9.

Accordingly, the Applicant can be enlarged on bail by imposing conditions.

Hussainara Khatoon (IV) v. Home Secy., State of Bihar, (1980) 1 SCC 98 Page No. 2

10.

In view thereof, the following order:-

O R D E R

(a) The Applicant- Yogesh Sambhaji Kurhade be released on bail in connection with C.R. No.563 of 2022 registered with the Shirur Police Station, District - Pune on his furnishing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(c) The Applicant shall report to the Shirur Police Station, District - Pune once a month between 11.00 a.m. and 1.00 p.m. on 1st Sunday of each month until the conclusion of the trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

Page No. 3

(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.

11.

The Bail Application is disposed of accordingly. 12.

It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this Order. [MADHAV J. JAMDAR, J.] Page No. 4