Vaishnav @ Bittu Vitthal Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1336 OF 2025 Vaishnav @ Bittu Vitthal Patil ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Satyavrat Joshi (through VC) a/w Mr. Yash Fadtare, Mr. Vaibhav H. Mr. Sairaj Suryawanshi for the applicant Mr. S. S. Chaudhary, APP for the respondent-State

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

20th JANUARY 2026.

P.C.

1.

By this application, applicant is seeking regular bail in C.R. No. 426 of 2024 registered with Tasgaon Police Station, District Sangli for offences punishable under Sections 103(1), 332(a) 303(2) of Bhartiya Nyaya Sanhita, 2023.

2.

Prosecution case in short is, the informant, Amit Shinde is IRESH MASHAL the son of deceased Ganpati Shinde, who was retired from Armed Digitally signed by IRESH MASHAL Date:

2026.01.21 20:27:33 +0530 Forces. The deceased alone was residing at Dorli. Phata, Balagavade. On 26/09/2024 at about 9-00 a.m., when the informant was in Pune with his family, he received a phone call of one Niwas Patil informing that in an assault made by unknown person, his father has received bleeding injuries to his head. Further, his swift car was also missing. The informant accordingly rushed to the spot of the incident. He

found his father lying in a storeroom with injuries. He came to know from the police that his father was assaulted by iron rod and resultantly succumbed to the injuries received on his head and ribs. The informant also found that the blood and flesh was scattered at various places in living room. The blood stained rod was also lying there. He also found that their Swift Desire car bearing No. MH-10DG-4105 was missing from their courtyard. The dead body was sent to Rural Hospital for post mortem and on the report lodged by the informant on the same day, the instant crime came to be registered against unknown person.

3.

Heard learned advocate for the applicant and learned APP for the State. Learned advocate for the applicant submits that this is a case based on circumstantial evidence and chain of circumstances is incomplete. There is hardly any material against the applicant to connect him with crime. He pointed out the statements of Lata Kadam and Limbraj Kadam who have stated that on 25th September 2024 i.e. the date of incident, the applicant was at Dharashiv district which is 270 Kms away from the spot of incident. He further submits that the applicant is arrested on 27th September 2024. Till date, there is no progress in trial. Therefore, on the ground of long incarceration also, the applicant is entitled for bail.

4.

Learned APP on the other hand strenuously opposed the

application by pointing out the evidence collected during the course of investigation.

5.

Perusal of the charge-sheet prima facie shows that the applicant had motive to kill the deceased. Swift car of the deceased was recovered at the instance of the applicant, so also, blood stained clothes which were on the person of the applicant, at the time of commission of the alleged murder. So far as the statements of Lata Kadam and Limbraj Kadam are concerned, the Investigating Officer who is present in the Court submitted through learned APP that the date 25th September 2024 mentioned in the said statements is typographical error and it is in fact, 26th September 2024. Prima facie, there appears sufficient evidence connecting the applicant to the present crime. Taking into consideration the gravity of offence and the material against the applicant, this is not a fit case to grant bail to the applicant.

6.

The application is therefore, rejected. Sessions trial is expedited.

(NITIN B. SURYAWANSHI, J.)