Shashank Dilip Shirole v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 80 OF 2025 Mahesh Mahadev Thombare ...Applicant
VERSUS
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.858 OF 2025 Shashank Dilip Shirole ...Intervenor
IN THE MATTER BETWEEN
Mahesh Mahadev Thombare ...Applicant
VERSUS
The State of Maharashtra
...Respondent
....
Mr. Ashok Tajane, Advocate for the Applicant. Mr. Vinod Chate, A.P.P. for the Respondent - State. Mr. Harshad V. Nimbalkar a/w Mr. Satyam Harshad Nimbalkar i/b Mr. Harshvardhan Milind Pawar for the Intervenor. ....
CORAM
:
N. R. BORKAR, J.
DATE :
18.03.2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 20 of 2024 registered at Deccan Police Station, Dist-Pune for the offences punishable under Sections 324, 307, 120(B) & 201 r/w 34 of the Indian Penal Code.
3.
The present applicant is accused No.2 in the
aforesaid crime. The accused No.1 and the injured are relatives. There is a civil dispute between the accused No.1 and the injured. It is alleged that accused No.1 thus decided to kill the injured. It is alleged that with the help of the present applicant, he hired accused Nos. 3, 4 & 5 to kill the injured. It is alleged that on the date of incident which took place on 04.02.2024, pursuant to conspiracy hatched by accused Nos. 1 to 5, the accused Nos. 4 to 5 assaulted the injured by sharp weapon and attempted to commit his murder.
4.
I have heard the learned counsel for the applicant, the learned APP for the respondent/State and the learned senior counsel for the injured.
5.
The learned counsel for the applicant submits that applicant has nothing to do with the alleged crime. It is submitted that applicant is in jail for about one year and the trial has not commenced. It is submitted that there are no other criminal antecedents against the applicant. 6.
On the other hand, the learned APP for the respondent/State and the learned senior counsel for the injured submits that there is enough material to connect the applicant with the crime in question.
7.
The motive for alleged crime is not attributed to the present applicant.
8.
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:
O R D E R
A] The Application is allowed.
B] The applicant be released on bail in Crime No. 20 of 2024 registered at Deccan Police Station, Dist-Pune for the offences punishable under Sections 324, 307, 120(B) & 201 r/w 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 not enter into the Corporation limits of Pune City, till conclusion of trial, except to attend the dates before the trial Court.
D] The applicant shall not commit any other crime.
E] It would be open to the prosecution and the injured to file an application for cancellation of bail, if the applicant commits breach of any of the condition.
9.
Application stands disposed of accordingly.
(N. R. BORKAR, J.)