Hanumant Shrirang Borade v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 717 OF 2025 Hanumant Shrirang Borade ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Jaydeep Mane a/w Mr. Yash Fadtare, Advocate for the Applicant through V.C.
Mrs. Veera Shinde, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
4th APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 294 of 2017 registered at Pangari Police Station, District : Solapur for the offences punishable under Sections 302, 307, 120(B), 147, 148, 149, 323 of the Indian Penal Code and Section 4(25) of the Arms Act.
3.
The applicant is accused No.7 in the aforesaid crime. It is the case of the prosecution that on the date of incident Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.04.24 19:35:03 +0530 SAJAKALI LIYAKAT JAMADAR which took place on 24.11.2017, the present applicant and
other co-accused assaulted Krishna Patil, Manik Satpute and Sudam Chavan by sharp weapons on account of previous dispute. It is alleged that Krishna Patil and Manik Satpute died due to injuries suffered by them in the alleged incident. 4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The bail is sought on the ground of long incarceration. The learned counsel for the applicant submitted that the applicant is in jail for about 8 years. It is submitted that except framing of charge, there is no progress in the trial. 6.
On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in serious crime of double murder. It is submitted that the trial could not progress as the accused No.1 is absconding. It is submitted that considering the nature of crime, the applicant may not be released on bail.
7.
The accused No.1 is absconding since 2020. The prosecution therefore ought to have taken steps for separation of trial. The applicant is in jail for about eight years and
except framing of charge, there is no progress in the trial. There are no other criminal antecedents against the applicant. 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. 294 of 2017 registered at Pangari Police Station, District : Solapur for the offences punishable under Sections 302, 307, 120(B), 147, 148, 149, 323 of the Indian Penal Code and Section 4(25) of the Arms Act, 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 not enter into the limits of Taluka Barshi except to attend the dates before the trial Court.
(iv) The applicant shall not tamper with the prosecution evidence.
(v) Application stands disposed of accordingly.
(N. R. BORKAR, J.)