Ravi Suryakant Lagade v. State Of Maharashtra

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1569 OF 2025 Ravi Suryakant Lagade .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Ritesh Thobde a/w. Henika Vyas, Advocates for Applicant.  Mr. Dinesh J. Haldankar, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 21, 2025.

P.C.:

1.

Heard Mr. Thobde, learned Advocate for Applicant and Mr. Haldankar, learned APP for Respondent - State. 2.

Applicant in the present case is incarcerated in prison for an offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') for having committed the murder of the victim. There are two injured witnesses.

3.

Mr. Thobde, learned Advocate for Applicant would submit that deceased victim and his friends were driving a motorcycle which dashed and collided with the auto rickshaw driven by Applicant which initially led to a verbal altercation escalating into a free fight between the two groups. He would submit that apart from this motive for the crime which occurred and triggered due to this precursor incident

there was no previous enmity whatsoever between the two groups. He would submit that in the free fight which ensued Applicant inflicted a fatal knife blow on the deceased victim, as also injuring the two injured witnesses. He would submit that there are two specific grounds for seeking bail in the present case, firstly the facet of long incarceration of Applicant having been incarcerated in prison for 5 years pending trial and charge not being framed till date. Secondly he would submit that the other two co-accused persons in the same crime have already been enlarged on bail by Trial Court and this Court and therefore on parity also. Considering what learned Advocate for Applicant has submitted, the facet of long incarceration is a ground for consideration of bail.

4.

Mr. Haldankar, learned APP for the State is directed to consider the veracity of submissions made by learned Advocate for Applicant which are delineated herein above and accordingly apprise the Court on the next adjourned date. Prima facie on the facet of long incarceration pending trial Applicant deserves to be enlarged on bail if the charge is even not framed after 5 years. Further considering the fact that incident occurred at spur of the moment due to the precursor incident of victim's motorcycle colliding with Applicant's auto rickshaw, there is no motive seen for committing the crime prima facie.

5.

List the Bail Application on Board on 28th April 2025. To be listed on the 'First on Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.04.22 10:21:54 +0530 AJAY TRAMBAK UGALMUGALE