Sunil Mohan Pawar vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Sunil Mohan Pawar vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail in Crime No. 4 of 2021 (Khed Police Station, Dist. Pune) under Sections 302 r/w 34 IPC on furnishing a P.R. bond of Rs. 25,000/- with one or two sureties in the like amount; condition that the applicant shall not enter the limits of Pune district till conclusion of trial, except to attend dates before the trial Court.

Issue for consideration

Whether the applicant, arrested for murder under Sections 302 r/w 34 IPC in Crime No. 4 of 2021 (Khed Police Station, Pune), should be released on regular bail, given that the case rests on circumstantial evidence, he has been in custody for over four years and two months, the trial is still at the stage of framing of charge, and the State points to criminal antecedents.

Court's answer

A cumulative consideration for grant of bail was that the case is based on circumstantial evidence and the applicant has already been in jail for more than four years and two months.

Ratio / Principle

A further consideration was that the trial is not likely to be concluded in the near future, as it is still at the stage of framing of charge.

Key takeaways

On the overall facts and circumstances, the court was inclined to release the applicant on bail, notwithstanding the State's plea of incriminating material and criminal antecedents.ratio¶22

Detailed headnote1 paragraphs

Regular bail granted (N. R. Borkar, J., 01.04.2025) in Criminal Bail Application No. 1314 of 2024, Sunil Mohan Pawar v. The State of Maharashtra, High Court of Judicature at Bombay. Applicant arrested in Crime No. 4 of 2021, Khed Police Station, Dist. Pune, for murder under Sections 302 r/w Section 34 IPC; prosecution case of assault and murder on 04.05.2020 over a financial dispute. Grounds recorded: case based on circumstantial evidence; applicant in jail over four years and two months; trial still at framing-of-charge stage and not likely to conclude soon. State had pleaded incriminating material and criminal antecedents; applicant's counsel noted acquittal in two of four crimes. Bail ordered on P.R. bond of Rs. 25,000/- with one or two sureties in the like amount, with a condition barring entry into Pune district limits till conclusion of trial except to attend trial Court dates.

9-ba-1314-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1314 OF 2024

Sunil Mohan Pawar

...Applicant

VERSUS

The State of Maharashtra

...Respondent

Mr. Vikram Shinde, Advocate for the Applicant. Mr. S. V. Walve, A.P.P. for the Respondent – State.

CORAM : N. R. BORKAR, J. DATE : 01.04.2025.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No. 4 of 2021 registered at Khed Police Station, Dist- Pune for the offences punishable under Sections 302 r/w Section 34 of the Indian Penal Code.

It is the case of the prosecution that on the date of incident which took place on 04.05.2020 the present applicant and other co-accused assaulted the deceased and committed his murder on account of certain financial dispute.

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

1 of 3

Pramod S.Lakare

9-ba-1314-2024.doc

The learned counsel for the applicant submits that the case is based on circumstantial evidence. It is submitted that the applicant is in jail for four years and two months and the trial is still at the stage of framing of charge.

On the other hand, the learned APP for the respondent/State submits that there is incriminating material to connect the applicant with the crime in question. It is submitted that there are criminal antecedents against the applicant and therefore, the applicant may not be released on bail.

The learned counsel for the applicant submits that out of four crimes, the applicant has already been acquitted in two crimes.

The case is based on circumstantial evidence. The applicant is in jail for more than four years and two months. The trial is not likely to be concluded in near future as the trial is still at the stage of framing of charge. Considering the overall facts and circumstances, 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. 4 of 2021 registered at Khed Police Station, Dist- Pune for the offences punishable under Sections 302 r/w Section

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Pramod S.Lakare

9-ba-1314-2024.doc

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 limits of Pune district till conclusion of trial, except to attend the dates before the trial Court.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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Pramod S.Lakare