Satpal Mahadev Rupanwar v. State Of Maharashtra And ANR

1 14-APEAL 627-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.627 OF 2025 Satpal Mahadev Rupanwar ... Appellant V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Vaibhav Kulkarni a/w Abhishek Jare, Yash Agarwal a/w Prathamesh Deshpande for the Appellant.

Ms. Shilpa K. Gajare-Dhumal, APP for Respondent No.1-State. Mr. Ghanasham Jadhav for Respondent No.2.

PSI Chaudhari attached to Walchandnagar Police Station is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

18TH AUGUST 2025 P.C. :

1.

This Appeal takes exception to the order dated 29th April 2025 passed by the Additional Sessions Judge, Indapur, District Pune below Exhibit - 161 in Special (Atrocity) Case No.1 of 2025. 2.

The Appellant is accused in the aforesaid special case and is facing trial for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 120(B)(1), 201 read with Section 34 of the Indian Penal Code, Section 3(2)(V) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 7(1)(D) of Protection of Civil Rights Act, 1955, Section 135 of Maharashtra Police Act and Section 3 read with Section 25 of the Arms Act. He filed the application for bail before the trial Court. By the order impugned, the trial Court has rejected the said bail application.

3.

Learned Counsel for the Appellant submits that the Appellant is in jail for more than 12 & 1⁄2 years. It is submitted that this Court by an order

2 14-APEAL 627-25.doc dated 8th November 2023 in Criminal Appeal No.1173 of 2023 filed by the Appellant directed the trial Court to conclude the trial within a period of one year, to be counted from 01st December 2023. It is submitted that inspite of the said order except framing of charge, there is no progress in the trial. It is further submitted that the trial Court by an order dated 21st August 2024 has kept the trial in abeyance till final disposal of MCOC Case No.7 of 2018 and MCOC Case No.13 of 2018. It is submitted that the trial in the present matter is, therefore, not likely to be concluded in near future.

4.

On the other hand, Learned APP for Respondent No.1-State and Learned Counsel for Respondent No.2-Complainant submit that the Appellant is main accused. He is involved in multiple crimes of serious nature. It is submitted that the trial could not proceed as the Appellant and other accused adopted all sorts of tactics to delay the trial. Learned Counsel for Respondent No.2-Complainant submitted that the Complainant has already challenged the order dated 21st August 2024 passed by the trial Court by which the trial is ordered to be kept in abeyance. It is submitted that considering the overall facts and circumstances, the Appellant may not be released on bail. 5.

The fact that the Appellant is in jail for a period of more than 121⁄2 years is not disputed. This Court by an order dated 8th November 2023 in Criminal Appeal No.1173 of 2023 directed the trial Court to conclude the trial within a period of one year, to be counted from 01st December 2023. Despite the said order, except framing of charge, there is no progress in the trial. By an order dated 21st August 2024 the trial Court has kept the

3 14-APEAL 627-25.doc trial in the present case, in abeyance till final disposal of MCOC Case No.7 of 2018 and MCOC Case No.13 of 2018. The trial is therefore not likely to be concluded in the near future.

6.

Considering the overall facts and circumstances, I am inclined to release the Appellant on bail, subject to certain conditions. Hence, the following order:-

ORDER

i.

The Appeal is allowed.

ii.

The impugned order is set aside.

iii.

The Appellant shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties of the like amount.

iv.

The Appellant shall not enter into the limits of Pune District except to attend the dates before the trial court. v.

The Appellant shall provide his residential address and contact number to Walchandnagar Police Station. vi.

The Appellant shall attend Natepute Police Station, District Solapur once in a week, i.e., on every Saturday between 11.00 a.m. to 2.00 p.m. for a period of six months and then once in a month, i.e., on first Saturday of the month till conclusion of the trial.

vii.

The Appellant shall not tamper with the prosecution evidence.

viii. The Appellant shall not commit any other crime. ix.

Liberty is granted to the prosecution to file application for cancellation of bail in case the Appellant commits breach of any of above conditions.

7.

The Appeal is disposed of in the aforesaid terms. (N.R. BORKAR, J.)