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Bombay High CourtBA/662/2026disposed off

Omkar @ Dabya Vinod Jagdhane v. State Of Maharashtra

2026-04-02Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 662 OF 2026 Omkar @ Dabya Vinod Jagdhane ... Applicant

Versus

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

2026.04.07 12:14:41 +0530 NILAM SANTOSH KAMBLE Mr.Vivek Arote a/w Mr.Akshay Dingale, for the Applicant. Ms.Gauri Rao, APP for Respondent-State.

Mr.Nandkumar Kekan, PSI, Yerwada Police Station, Pune City. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 2nd APRIL 2026 P.C. :

.

The learned APP tendered affidavit-in-reply, it is taken on record.

2.

By this application, the applicant is seeking regular bail in C.R.No. 144 of 2022 registered with Yerwada Police Station for the offence punishable under Sections 307, 504, 506 read with 34 of Indian Penal Code, 1860 (for short "IPC") and under Section 4(25) and 4(27) of Arms Act; under Sections 37(1)(3) and 135 of Bombay Police Act and Under Sections 3(1)(i)(ii), 3(2), 3(4) of the

Maharashtra Control of Organized Crime Act (for short "MCOC Act").

3.

It is prosecution's case that on 07.04.2022 at around 9:00 p.m., the applicant and co-accused assaulted the deceased with sickle and a sharp weapon with an intention to kill him on the ground that the first informant refused to pay money to the brother of the applicant for drinking liquor.

4.

It is contention of learned counsel for the applicant that the applicant is behind bar for more than 3 years and 6 months. There is no progress in the trial. It may take time to conclude the trial and requested to allow the application. 5.

It is contention of learned APP that applicant was externed from Pune city. The externment order was in force when applicant committed this offence. If applicant released on bail, he may threaten the first informant and prosecution witnesses. Learned APP further submitted that the applicant assaulted the first informant on his head with an intention to kill him. It shows his involvement in the crime. The injuries suffered by the first informant are of grievous nature. The applicant has four antecedents. Hence, requested to reject the application.

6.

I have heard both the learned counsel. Perused FIR. The applicant is behind bar for more than 3 years and 6 months. There is no progress in the trial. It may take time to conclude the trial. Considering these facts, I pass following order.

ORDER

i.

The applicant is released on bail in C.R.No. 144 of 2022 registered with Yerwada Police Station, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount.

ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

iv.

The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

v.

The applicant shall not enter Pune District till

recording of evidence of the first informant. 7.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order.

(SHIVKUMAR DIGE, J.)