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Bombay High CourtBA/1102/2025allowed

Prakash Vitthal Renuse v. State Of Maharashtra

2025-05-02Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1102 OF 2025 Prakash V. Renuse ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Satyam Harshad Nimbalkar a/w. Mr. Abhishek Ulhas Arote for the Applicant.

Mrs. P.S. Rane, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

02.05.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. registered at Bharti Vidyapeeth Police Station, Pune city for the offences punishable under Sections 302, 143, 147, 148, 149 of the Indian Penal Code (IPC), Section 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act. 3.

According to the prosecution, on the date of incident which took place on 06.12.2018, on account of previous dispute, the present applicant and other co-accused assaulted the deceased by sharp weapon and committed his murder.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

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5.

The bail is sought on the ground of parity as also on the ground of long incarceration as under-trial prisoner. In support of said ground of parity, learned counsel for the applicant has placed on record the copy of order passed by this Court dated 30.01.2025 in Criminal Bail Application No. 2586 of 2024. By the said order, this Court has released the co-accused Yogesh @ Bala Shendkar. The learned counsel for the applicant submits that even otherwise the applicant is in jail for about seven years and the trial is not likely to be concluded in near future as the evidence has just commenced. It is thus submitted that the applicant may be released on bail.

6.

On the other hand, learned APP for the respondent/State submits that the applicant is involved in serious offence of murder. It is submitted that the trial has commenced and the prosecution has examined certain witnesses. It is thus submitted that the applicant may not be released on bail.

7.

The applicant is in jail for about seven years. This court has already released the similarly circumstanced co-accused Yogesh Shendkar on bail. Apart from it, the motive for the alleged crime is not attributed to the present applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

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B] The applicant be released on bail in C.R. No. 657 of 2018 registered at Bharti Vidyapeeth Police Station, Pune city for the offences punishable under Sections 302, 143, 147, 148, 149 of the IPC, Section 4 read with 25 of the Arms Act and Section 37(1)(3) read with 135 of the Maharashtra Police Act on furnishing P.R Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of Pune district except to attend the dates before the trial court, till conclusion of trial.

D] The applicant shall attend the concerned police station within whose jurisdiction he is going to reside after his release once in a month, i.e., on 1st Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial. [N.R.BORKAR, J.] 3/3