Sahil Vilas Khaire v. State Of Maharashtra
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3912 of 2025 Sahil Vilas Khaire ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Meghashyam Kocharekar, for the Applicant. Ms. Manisha R. Tidke, APP for the State-Respondent.
CORAM
Dr. Neela Gokhale, J.
DATED:
PC:- 1.
The Applicant seeks his release on bail in connection with FIR No. 210 of 2024 dated 29th January 2024 for offences punishable under Section 302 read with 34 of the IPC.
2.
The complainant/first informant is the brother of the deceased namely Tanaji Shinde. On 29th January 2024, at 8.50 p.m., the police came to the house of the complainant and informed him that his brother i.e. Tanaji Shinde was lying in the pool of blood on the Samta Nagar Pipe Line Road. There
was a serious injury on the head of the deceased and the body was lying on the road. Hence, the first informant made a complaint, pursuant to which the FIR was registered. 3.
Mr. Meghashyam Kocharekar, learned Counsel for the Applicant, at the very outset, drew my attention to the order dated 11th September 2025 passed in the bail application of the co-accused. Vide the said order, the co-accused was enlarged on bail.
4.
A perusal of the order dated 11th September 2025 clearly indicates that the entire evidence is circumstantial. The only indication of implication of the present Applicant and the co-accused is the disclosure statement of the Applicant. Admittedly, the charge-sheet was filed on 30th March 2024 but till date, no charges are framed. The present Applicant is in custody from 29th January 2024 and till date, the trial has not substantially progressed. Moreover, in view of the fact that the co-accused is granted bail and the role attributed to the present Applicant is similar to that of the co-accused who is
enlarged on bail, I am inclined to enlarge the present Applicant on bail and it is ordered as under:
ORDER
i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.30,000/- with one or two local sureties in the like amount;
ii) The Applicant is permitted to furnish provisional cash bail of Rs.30,000/- for his release immediately and file undertaking that he will provide one or two sureties in the like amount of Rs.30,000/- within a period of four weeks after his release, which shall be accepted by the Trial Court. The Applicant shall provide the sureties as directed; iii) The Applicant shall attend the Trial Court concerned on each and every date as directed, till the conclusion of the trial, save and except if the Applicant is exempted from appearance by orders of the Trial Court;
iv) If the Applicant has not deposited his passport, the Applicant shall deposit the same with the concerned Police Station, if any;
v) The Applicant shall not leave India, without permission of the trial Court;
vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
vii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; viii) The Applicant to co-operate with the conduct of the trial;
ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.
5.
Application is allowed in the above terms and is accordingly disposed of.
6.
It is made clear that the observations made herein are prima facie and are confined to this Application and the Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.
(Dr. Neela Gokhale, J)