Jalinder Raju Jadhav v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 970 OF 2025 Jalinder Raju Jadhav ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Ms. Vaishnavi Patange, Advocate for the Applicant. Mr. Vinod Chate, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE : 23rd APRIL, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.82 of 2023 registered at Wadner-Bhairav Police Station, District : Nashik, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC').
3.
The deceased was the relative of the present applicant and the co-accused in the present crime. According to the prosecution, in the intervening night of 04.04.2023 and 05.04.2023, the present applicant along with co-accused assaulted the deceased by stone and committed his murder on
account of previous dispute.
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 two years and except framing of charge, there is no progress in the trial. It is submitted that there are no other criminal antecedents against the applicant. 6.
On the other hand, the learned A.P.P. for the Respondent-State submits that there is enough incriminating material to connect the applicant with the alleged crime. It is submitted that there is a recovery of stone at the instance of the applicant. The learned A.P.P. 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 more than two years and the trial is not likely to be concluded in the near future as except framing of charge there is no progress in the trial. There are no other criminal antecedents. Considering the said facts, 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.82 of 2023 registered at Wadner-Bhairav Police Station, District : Nashik, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC') 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 attend the concerned Police Station twice in a month i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)