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Bombay High CourtBA/263/2025allowed

Muktabai Popat Barate v. State Of Maharashtra

2025-04-01Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 263 OF 2025 Muktabai Popat Barate ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Ms. Manisha Devkar a/w Mr. Shankar Katkar i/by Mr. Prashant Hagare, Advocate for the Applicant.

Mr. V. A. Kulkarni, A.P.P. for the Respondent - State. Mr. Yuvraj Patil (PSI), Baramati Taluka Police Station, District : Pune (Rural), present.

....

CORAM

:

N. R. BORKAR, J.

DATE :

01st APRIL, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 310 of 2023 registered at Baramati Taluka Police Station, District : Pune (Rural) for the offences punishable under Sections 302, 201, 120(B), r/w Section 34 of Indian Penal Code. 3.

The deceased was the son of present applicant. According to the prosecution, the deceased was addicted to liquor. He used to harass the present applicant. It is alleged

that the applicant fed up with the said harassment, hired the co-accused to kill him. It is alleged that on the date of incident which took place on 22.05.2023, the co-accused assaulted the deceased and committed his murder. 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 more than one year and six months and the trial has not commenced.

6.

On the other hand, the learned A.P.P. for the Respondent-State submits that there is enough incriminating material against the present applicant. It is submitted that considering the nature of offence, the applicant may not be released on bail.

7.

I have perused the charge-sheet. The case is based on circumstantial evidence. The applicant is in jail for more than one year and six months. The trial is not likely to be concluded in near future as it is still at the stage of framing of charge.

Considering the over all 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. 310 of 2023 registered at Baramati Taluka Police Station, District : Pune (Rural) for the offences punishable under Sections 302, 201, 120(B), r/w Section 34 of 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.)