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Bombay High CourtBA/3686/2025allowed

Sonu Alias Onkar Bira Pukale v. The State Of Maharashtra

2026-01-08Hon'Ble Shri Justice Nitin B. Suryawanshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3686 OF 2025 Sonu Alias Onkar Bira Pukale ...Applicant Vs.

The State of Maharashtra

...Respondent

----- Mr. Priyal Sarda a/w Mr. Onkar Bajaj, for Applicant. Mr. S. H. Yadav, APP, for the Respondent-State. -----

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

8th JANUARY 2026.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2026.01.08 19:46:25 +0530 SHANTANU SHANKARSA DHUDUM P.C.

1.

The Applicant seeks bail in Crime No.244 of 2018 registered with Pandharpur City Police Station, District: Solapur, for the offences punishable under Sections 302, 203, 120-B, 201, 143, 147, 148 and 149 of the Indian Penal Code, 1860 (for short, "IPC") and Sections 3, 4, 25, 5 and 27 of the Arms Act and Section 135 of the Maharashtra Police Act and Sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short, "MCOC Act").

2.

The prosecution case in short is that the present Applicant is a member of organised crime syndicate formed by co-accused gopal Ankushrao. It is alleged that the deceased who was the member of

municipal council, Pandharpur was protecting the businessman and other people from the illegal activities of the co-accused Gopal Ankushrao and other members of his gang. It is alleged that they were thus annoyed with the deceased and thus on the date of incident which took place on 18.03.2018, they committed his murder. 3.

Heard learned Advocate for the Applicant and learned APP for the Respondent - State. Perused the record. 4.

The bail is sought on the ground of parity and long incarceration. The Applicant is arrested on 9th December, 2018 and till date he is in jail. Though charge-sheet is filed and the case is numbered as Sessions Case No.1 of 2020 till date even charge is not framed. The prosecution has cited 122 witnesses thus obviously the trial is not likely to conclude in near future. Since, the right of the Applicant of speedy trial is violated the Applicant deserves to be released on bail.

5.

The Sachin Bhagwan Waghmare co-accused in the present crime is released on bail by this Court in Criminal Bail Application No.488 of 2025 vide order dated 19th March, 2025 on the ground of long incarceration. Thus, the Applicant also is entitled to be released on bail on the ground of parity.

6.

In the result, the application is allowed.

7.

The Applicant - Sonu Alias Onkar Bira Pukale be released on bail in Crime No.244 of 2018 registered with Pandharpur City Police Station, District: Solapur, for the offences punishable under Sections 302, 203, 120-B, 201, 143, 147, 148 and 149 of the Indian Penal Code, 1860 (for short, "IPC") and Sections 3, 4, 25, 5 and 27 of the Arms Act and Section 135 of the Maharashtra Police Act and Sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short, "MCOC Act"), on furnishing Personal Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

8.

The Applicant shall attend the concerned police station once in a month, i.e. on first Saturday between 11:00 a.m. to 2:00 p.m., till conclusion of the trial.

(NITIN B. SURYAWANSHI, J.)