Vijay Suresh Bhosale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VAISHALI ANIL TIKAM CRIMINAL BAIL APPLICATION NO. 3072 OF 2025 Vijay Suresh Bhosale ... Applicant Vs.

The State of Maharashtra ... Respondent **** Mr. Ramnik Pawar for the Applicant (on VC) i/b. Advcoate Rahul Gupta a/w. Advcoate Samiksha Pawar a/w. Advocate Sameer Shaikh a/w. Advocate Trupti Jambolkar a/w. Advocate Samadhan Mamulkar and Advocate Dhanashree Jagdale, for the Applicant. Mr. P.H. Gaikwad, APP for Respondent/State.

**** by VAISHALI ANIL TIKAM Date:

2025.08.06 21:24:00 +0530 CORAM :

ASHWIN D. BHOBE, J.

DATE :

6th AUGUST, 2025 P.C. :

1.

Heard Mr. Ramnik Pawar, learned Advocate for the Applicant and Mr. P.H. Gaikwad, learned APP for the State. 2.

By the present application, the Applicant is seeking bail in Crime No. 359 of 2023 registered with Satara Taluka Police Station, Satara for the offences punishable under Section 302 of the Indian Penal Code. Said crime is registered as Sessions Case No. 86/2024 and is pending in the Court of Additional Sessions Judge, Satara.

3.

There are three accused in the present crime. Applicant is

Accused No.1.

4.

Case of the prosecution is that Sharad Pawar (deceased) was reported to be missing (Missing Report No.111of 2023) and as such an Accidental Death Case No. 78/2023 was registered with Satara Taluka Police Station. During inquiry, the body of Sharad was found. Accordingly, the said crime under Section 302 of IPC was registered. As per the prosecution case, deceased Sharad was having a love relationship with Deepali. Applicant had developed love affair with Deepali. Prosecution case is that the Applicant and the other accused eliminated Sharad in view of the obstacle caused by Sharad to the relationship of Applicant and Deepali. Cause of death of Sharad is by strangulation.

5.

Applicant was arrested on 7th August, 2023, since then the Applicant is in jail. Bail Application No. 704 of 2023 filed by the Applicant was rejected by the Additional Sessions Judge, Satara on 2nd January, 2024.

6.

Mr. Ramnik Pawar, learned Advocate for the Applicant submits that the Applicant has been falsely implicated in the present crime. He submits that apart from the allegation that the Applicant had love relation with Deepali, there is no material placed along with the charge-sheet to either indicate the involvement of Applicant in the present crime or to connect the Applicant to the alleged murder of Sharad. He submits that on the basis of the false implication, the Applicant is languishing in jail since August, 2023.

7.

Mr. Gaikwad, learned APP for the State submits that the motive for committing murder of Sharad is the Applicant's love affair with Deepali. Mr. Gaikwad submits that there are extra judicial confessions made by Accused No.3 implicating the Accused in the present crime. He expresses apprehension of the Applicant tampering with evidence and interfering with prosecution witnesses, if released on bail.

8.

Perused the records with the assistance of the learned Advocate.

9.

Perusal of the charge-sheet indicates that apart from the allegation that the Applicant was in love relation with Deepali, there is no other material to prima facie indicate the involvement of the Applicant in the crime.

10.

Mr. Gaikwad made an attempt to contend that there are extra judicial confessions made by Accused No.3 implicating the Applicant in the crime. Mr. Pawar, learned Advocate for the Applicant from the records points out that the alleged extra judicial confession have been made by Accused No.3 at the police station, when he was in custody of the police. Mr. Pawar submits that extra judicial confessions without corroboration are weak piece of evidence.

11.

Aforesaid being the nature of evidence on the strength of which the prosecution proposes to bring home the charge against the Applicant, this is a fit case to enlarge the Applicant on bail.

12.

Apprehensions expressed by Mr. Gaikwad can be taken care by imposing conditions on the Applicant. Mr. Pawar, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant shall not enter the territorial jurisdiction of Mouje Patkhal Matha, District Satara till conclusion of the trial of Sessions Case No.86/2024.

2.

In view of the above, the present Bail Application is allowed, on the following conditions:

a) Applicant is directed to be released on bail in connection with C.R. No. 359 of 2023 registered with Satara Taluka Police Station, Satara on his furnishing PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of Additional Sessions Judge, Satara.

b) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade such person from disclosing the facts to the Court or any police officer and shall not tamper with evidence.

c) Applicant shall not enter the jurisdiction of Mouje Patkhal, Matha, District Satara till the conclusion of the trial of Sessions Case No. 86 of 2024.

d) Applicant shall attend and regularly appear before the learned Additional Sessions Judge, Satara in Sessions Case No.86 of 2024 on each date of hearing, unless specifically

exempted by the Court.

e) Applicant upon his release, within 3 days shall furnish to the Investigation Officer, Satara Taluka Police Station, Satara his residential address with proof and the contact number and to keep the Investigation Officer intimated about the change in the same from time to time. 3.

The Bail Application No.3072 of 2025 is allowed in the above said terms.

(ASHWIN D. BHOBE, J.)