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Bombay High CourtBA/4191/2025disposed off

Sachin Vishnu Rathhod v. State Of Maharashtra

2026-04-02Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4191 OF 2025 Sachin Vishnu Rathhod ... Applicant

Versus

The State of Maharashtra ... Respondent ________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.04.07 12:14:43 +0530 NILAM SANTOSH KAMBLE Mr.Ashraf A. Kazi a/w Mr.Prajyot Shinde, Mr.Ashish Saxena, Mr.Govind Mundhe i/b Mr.Vipul V. Dushing and Mr.Pranay Mahajan, for the Applicant.

Ms.R.D. Humane, APP for Respondent-State.

Mr.Santosh Zade, PSI, Kondhwa Police Station. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 2nd APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.797 of 2022, registered with Kondhwa Police Station, Pune, for the offences punishable under Sections 302, 120(b) and 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short), Sections 4(25) of the Arms Act, Sections 37(1) read with Section 135 of the Maharashtra Police Act, Section 7 of Criminal Law Amendment Act.

2.

It is prosecution's case that on 3rd August 2022 the Applicant and co-accused murdered the brother of the First Informant on the ground of old dispute.

3.

It is contention of learned counsel for the Applicant that the coaccused having similar allegations have been released on bail. The Applicant is behind bars for more than three and half years. The Applicant has no antecedents. There is no progress in trial. The learned counsel further submitted that from the statement of eye witnesses no specific role attributed to the Applicant while assaulting the deceased and requested to allow the Application.

4.

It is contention of learned APP that the statement of eye witnesses shows that incident happened due to Applicant only, as the Applicant and deceased had altercation prior to two days of the incident and the Applicant with help of the co-accused assaulted the deceased and murdered him. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application. 5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

From FIR it appears that the allegations are made against the Applicant and co-accused Rajesh Pawar, Krushna Marathe. In the statement

of the eye witness Swapnil Gardge. It appears that the co-accused Rajkumar assaulted the deceased with sharp weapon. There are no allegations against the Applicant to show his involvement in the present crime. To prove case against the Applicant trial is required. The co-accused Krushna Marathe, Amar Gavhane and Ganesh Hake have been released on bail. The Applicant is behind bars for more than three and half years. The Applicant has no antecedents. There is no progress in trial. It may take time to conclude the trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.797 od 2022, registered with Kondhwa Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)