Ganesh Navnath Kamthe v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4402 OF 2025 Ganesh Navnath Kamthe ... Applicant

Versus

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

2026.03.17 11:59:53 +0530 NILAM SANTOSH KAMBLE Mr.Kuldeep Nikam a/w Mr.Prasad Avahad, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.S.V. Palve, PSI, Saswad Police Station.

____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.182 of 2022 registered with Saswad Police Station, Pune for the offences punishable under Sections 302 read with section 34 of the Indian Penal Code, 1860 ('IPC' for short).

2.

It is prosecution's case that the Applicant and co-accused assaulted the deceased to death on the ground of quarrel between them. 3.

It is contention of learned counsel for the Applicant that the incident happened out of spur of moment. The Applicant had no intention to kill the deceased. The Applicant is behind bars for more than three years

and ten months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant and coaccused brutally assaulted the deceased and murdered him. There is eye witness to the incident. 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.

It appears from record that incident occurred out of sudden quarrel. Whether the Applicant had intention to kill the deceased or not is part of trial. The Applicant is behind bars for more than three years and ten months. 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.182 of 2022 registered with Saswad 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.)