Lahanu Rambhau Gaikwad v. State Of Maharashtra

1 921-BA 4386-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4386 OF 2025 Lahanu Rambhau Gaikwad ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Narayan G. Rokade (through VC) a/w Udaysinh Deshmukh, Pratibha Pawar, Mrunmai Roade, Siddharth Ghodke, Ramchandra Wagh, Swapnil Kalokhe, Tribhuvan Sharma, A. J. Shaikh for the Applicant. Mr. P. H. Gaikwad, APP for the Respondent-State. PSI Mahesh Mahadev Gorad, Khed PS, Pune (Rural) is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

17TH JANUARY 2026 P.C. :

MUGDHA MANOJ PARANJAPE MUGDHA MANOJ PARANJAPE Date: 2026.01.26 17:05:58 +0530 1.

This is an Application for regular bail.

2.

The Applicant came to be arrested in Crime No. 236 of 2020 registered at Khed Police Station, District Pune for the offences punishable under Sections 302, 307, 326, 324, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code and Sections 4 read with 25 of the Arms Act. 3.

It is the case of the prosecution that on the date of incident, which took place on 31st May 2020, on some trivial issue, dispute arose between the Applicant and other co-accused on one side and the deceased and his relatives on the other side. It is alleged that during the said dispute the present Applicant and other co-accused assaulted the deceased by Koyta,

2 921-BA 4386-25.doc stick etc. and committed his murder. It is alleged that relatives of the deceased were also assaulted.

4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

Learned Counsel for the Applicant submits that the Applicant is in jail for more than five years. It is submitted that this Court by order dated 18th April 2023 in Bail Application No.3683 of 2022 directed the trial court that it shall make an endeavour to conclude the trial as early as possible and in any case within a period of one year from the date of the receipt of the copy of the said order. It is submitted that inspite of it except framing of charge, there is no progress in the trial. 6.

On the other hand, Learned APP for the Respondent-State submits that the Applicant has assaulted the deceased with iron rod. It is submitted that this Court has rejected the earlier bail application of the present Applicant on merit. It is submitted that considering the nature of crime, the Applicant may not be released on bail.

7.

The fact that the Applicant is in jail for more than five years is not disputed. This Court by order dated 18th April 2023 in Bail Application No.3683 of 2022 directed that the trial court shall make an endeavour to conclude the trial within one year. Even after lapse of more than two years from the passing of the said order, there is no substantial progress in the trial. Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on bail. Hence, the following order:

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ORDER

i.

The Criminal Bail Application is allowed.

ii.

The Applicant be released on bail in Crime No. 236 of 2020 registered at Khed Police Station, District Pune for the offences punishable under Sections 302, 307, 326, 324, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code and Sections 4 read with 25 of the Arms Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

iii.

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.

8.

The Criminal Bail Application stands disposed of in the aforesaid terms.

(N.R. BORKAR, J.)