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Bombay High CourtBA/4427/2025disposed off

Harish Sudhakar Kale v. The State Of Maharashtra

2026-02-04Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4427 OF 2025 Harish Sudhakar Kale ... Applicant

Versus

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

2026.02.06 11:04:06 +0530 NILAM SANTOSH KAMBLE Mr.Shailesh Kharat (Through VC) a/w Mr.Onkar Chaudhari, for the Applicant Mr.P.P. Jadhav, APP for Respondent-State.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 4th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.398 of 2021 registered with Shikrapur Police Station, Pune, for the offences punishable under Sections 302 of the Indian Penal Code, 1860 ('IPC' for short).

2.

It is prosecution's case that on 5th June 2021, the Applicant murdered the deceased by assaulting him with stone. 3.

It is contention of learned counsel for the Applicant that the incident occurred suddenly out of the quarrel between the Applicant and

deceased. In the said quarrel, the Applicant assaulted the deceased with stone. The Applicant is behind bars for more than four years and six months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that the Applicant assaulted the deceased with stone and thereby murdered him. The incident was witnessed by two eye witnesses. 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 the incident occurred out of the sudden quarrel. To prove the intention of the Applicant, evidence is required. The Applicant is behind bars for more than four years and six months. There is no progress in trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Harish Sudhakar Kale be released on bail in Crime No.398 of 2021 registered with Shikrapur

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.)