Ajay Subhash Shirsat v. The State Of Maharashtra

1 88-BA 4387-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4387 OF 2025 Ajay Subhash Shirsat ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Shailesh Kharat a/w Onkar Chaudhari, Tanmay Kate for the Applicant. Ms. A. A. Deshmukh, APP for the Respondent-State. ----- CORAM :

N.R. BORKAR, J.

DATE :

12TH DECEMBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE 1.

This is an Application for regular bail.

MUGDHA MANOJ PARANJAPE Date: 2025.12.24 18:25:31 +0530 2.

The Applicant came to be arrested in Crime No.148 of 2024 registered at Wavi Police Station for the offences punishable under Sections 302 read with 34 of the Indian Penal Code. 3.

It is the case of the prosecution that the co-accused in the present crime namely Popat Jadhav was having an affair with the wife of the deceased. It is alleged that thus on the date of incident, the Applicant and other co-accused assaulted the deceased and committed his murder with a knife, shaving blade and a stone.

4.

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

5.

Learned Counsel for the Applicant has drawn my attention to the

2 88-BA 4387-25.doc order passed by this Court dated 25th February 2025 in Criminal Bail Application No.4922 of 2024. By the said order, the Applicant was permitted to withdraw the said Application with liberty to file fresh application for bail after six months. The Learned Counsel for the Applicant submits that the Applicant is in jail for one and a half year and the trial has not yet commenced. It is submitted that the case is based on circumstantial evidence and the motive for the alleged offence is attributed to the co-accused Popat Jadhav.

6.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in a serious offence of murder. It is submitted that considering the nature of offence, the Applicant may not be released on bail.

7.

I have perused the chargesheet. The motive is not attributed to the present Applicant. The case is based on circumstantial evidence. The Applicant is in jail for one and a half year. The trial is not likely to be concluded in near future as the same has not commenced. Considering the overall facts and circumstances of the case, I am inclined to release the Applicant on bail. In the result, the following order is passed:-

ORDER

i.

The Bail Application is allowed.

ii.

The Applicant be released on bail in Crime No.148 of 2024 registered at Wavi Police Station for the offences punishable under Sections 302 read with 34 of the Indian Penal Code, on furnishing PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

3 88-BA 4387-25.doc iii.

The Applicant shall attend the concerned Police Station once in a month, i.e., on First Saturday of every month between 11.00 a.m. to 2.00 p.m. till conclusion of the trial. 8.

The Bail Application is disposed of accordingly. (N.R. BORKAR, J.)