Pandurang Jijabhau Tambe v. State Of Maharashtra

86-ba-4890-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4890 OF 2025 Pandurang J. Tambe ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Ms Pooja Agarwal (through VC) for the Applicant. Mr. B.V. Holambe Patil, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

20.01.2026.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.155 of 2023 registered at Alephata Police Station, Pune Rural for the offences punishable under Sections 302, 201 and 120-B read with 34 of the Indian Penal Code.

3.

It is the case of the prosecution that on the date of incident, which took place on 5th April 2023, on account of business rivalry and previous dispute, the present applicant and other co-accused assaulted the deceased by iron rod and committed his murder. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

Learned counsel for the applicant submits that the case is based on circumstantial evidence. It is submitted that the applicant is in jail for about 2 years and 9 months and the trial is still at the stage of framing of charge. Learned counsel submits Dinesh S. Sherla 1/2

86-ba-4890-25.doc that the prosecution has cited 35 witnesses and therefore, the trial is not likely to be concluded in near future. 6.

On the other hand, learned APP for the respondent/State submits that the applicant is involved in a serious crime of murder. It is submitted that the dead body was discovered at the instance of the present applicant. Learned APP submits that considering the nature of crime, the applicant may not be released on bail. 7.

The fact that the applicant is in jail for about 2 years and 9 months is not disputed. The case is based on circumstantial evidence. Considering the fact that the trial is still at the stage of framing of charge, the same is not likely to be concluded in the near future. I am therefore, inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No. 155 of 2023 registered at Alephata Police Station, Pune Rural for the offences punishable under Sections 302, 201 and 120-B read with 34 of the Indian Penal Code 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. C] 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.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2