Machindra Shrirang Pawar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3387 OF 2025 Machindra Shrirang Pawar ... Applicant

Versus

The State of Maharashtra ... Respondent by SONALI SATISH KILAJE Date:

2026.01.17 13:51:10 +0700 SONALI SATISH KILAJE _________________________________________________________________ Mr. Aniket Vagal a/w. Ms. Savvy Kolhekar and Ms. Juhi Kadu, Advocates for the Applicant.

Mr. S.S.Pednekar, APP for Respondent-State.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in C.R.No. 49 of 2024 registered with Velha Police Station, Pune, for the offence punishable under Sections 302, 307 read with 34 of Indian Penal Code, 1860 (for short "IPC").

2.

It is prosecution's case that during intervening night of 18.05.2024 and 19.05.2024 the applicant and co-accused murdered the deceased on the ground of sudden quarrel.

3.

It is contention of learned counsel for the applicant that the prosecution's case is based on circumstantial evidence. There is no direct evidence of assault to the deceased by the applicant. The applicant is behind bars for more than one year and six months. Investigation is

completed and chargesheet has been filed. The applicant has no antecedent and requested to allow the application. 4.

It is contention of learned APP that there was quarrel between the applicant and deceased. Out of that quarrel, applicant and co-accused assaulted the deceased and murdered him. The quarrel was seen by the witness. There is one witness who had last seen the applicant with deceased. If applicant released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The prosecution's case is based on circumstantial evidence. When deceased was admitted in the hospital, he was under influence of liquor. The applicant is behind bars for more than one year and seven months. There is no progress in the trial. The applicant has no antecedent. Considering these facts, I pass following order.

ORDER

i.

The Applicant is enlarged on bail in C.R.No. 49 of 2024 registered with Velha Police Station, Pune,, on executing P.R.Bond of Rs.30,000/-, on furnishing one or two sureties in the like amount.

ii.

The Applicant shall attend the concerned Police Station as

and when required.

iii.

The Applicant shall not tamper with evidence or attempt to influence the witnesses.

iv.

The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

6.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)