Akshay @ Linga Sanjay Bhosale vs State of… — Murder and Culpable Homicide | Bombay HC (2025)

Akshay @ Linga Sanjay Bhosale vs State of… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant directed to be released on bail in connection with Crime No. 817 of 2019 registered at Pimpri Police Station, District Pune, on executing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount; condition imposed that the applicant shall not enter the corporation limits of Pune City except to attend dates before the trial Court.

Issue for consideration

Whether the applicant, arrested in Crime No. 817 of 2019 (Pimpri Police Station, Pune) for offences under Sections 302, 364, 326, 504, 201 read with Section 34 IPC, 1860 and Sections 3(1)(i)(ii), 3(4) MCOCA, 1999, deserves regular bail on the ground of long incarceration (five years and six months) as an undertrial, the trial being at an initial stage with only one of 104 witnesses examined and unlikely to conclude in the near future. +1 more

Court's answer

Finding the applicant's incarceration of five years and six months as an undertrial undisputed, the trial at the very initial stage with only one witness examined out of 104, and the trial unlikely to be concluded in the near future, the Court considered that, on the overall facts and circumstances of the case, the applicant ought to be released on bail, and accordingly allowed the bail application directing release on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to the condition that the applicant shall not enter the corporation limits of Pune City except to attend dates before the trial Court.

Detailed headnote1 paragraphs

Criminal Bail Application allowed - Regular bail granted to Akshay @ Linga Sanjay Bhosale, arrested in Crime No. 817 of 2019 registered at Pimpri Police Station, District Pune, for offences punishable under Sections 302, 364, 326, 504, 201 read with Section 34 of the Indian Penal Code, 1860 and Sections 3(1)(i)(ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (alleged member of organized crime syndicate of co-accused Shabaj Qureshi; abduction and murder of deceased following altercation at Kunal Bar and Restaurant on 23.07.2019). Held: incarceration of five years and six months as undertrial undisputed; trial at very initial stage with only one witness examined of 104; trial not likely to conclude in near future; on overall facts and circumstances applicant entitled to be released on bail notwithstanding State's objections of gravity of crime and commencement of trial. Release directed on P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, with condition barring entry into corporation limits of Pune City except to attend trial Court dates. (N. R. Borkar, J.; decided 13 March 2025.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 3219 OF 2024

Akshay @ Linga Sanjay Bhosale Versus

...Applicant

The State of Maharashtra ...Respondent

Mrs. Shubhangi Parulekar, Advocate for the Applicant. Mr. T. G. Khan, A.P.P. for the Respondent – State. Mr. M.R. Pande (API), Pimpri Police Station, present.

CORAM : N. R. BORKAR, J. DATE : 13^th MARCH, 2025.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.817 of

2019 registered at Pimpri Police Station, District : Pune, for the offences punishable under Sections 302, 364, 326, 504, 201 and read with Section 34 of the Indian Penal Code, 1860 and Sections 3(1)(i)(ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

According to the prosecution, the present applicant is a member of organized crime syndicate formed by co-accused Shabaj Qureshi. It is alleged that on the date of incident,

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which took place on 23.07.2019, the present applicant and other co-accused came to Kunal Bar and Restaurant to purchase beer. It is alleged that at that time on certain issue the applicant and co-accused assaulted the witness Sahil Lalwani and Kailash Patil and ran away. It is alleged that, while witness Lakhan Sukheja and the deceased were searching them, they saw co-accused Shabaj Qureshi and they apprehended him. It is alleged that at that time the applicant and other co-accused came there. It is alleged that they abducted the deceased and committed his murder.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

The bail is sought on the ground of long incarceration as under trial prisoner. The learned counsel for the applicant submits that the applicant is in jail for five years and six months. It is submitted that the trial is at the initial stage as the prosecution has examined only one witness. It is submitted that the trial is not likely to be concluded in near future as there are 104 witnesses. It is submitted that the applicant be thus released on bail.

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On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in serious crime. It is submitted that the trial has commenced and therefore at this stage the applicant may not be released on bail. It is further submitted that the applicant is involved in one more crime for the offences punishable under Sections 399 and 402 of IPC.

The fact that the applicant is in jail for five years and six months is not disputed. The trial is at the very initial stage as the prosecution has examined only one witness. Considering the fact that in all there are 104 witnesses, the trial is not likely to be concluded in the near future. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.817 of 2019 registered at Pimpri Police Station, District : Pune, for the offences punishable under Sections 302, 364, 326, 504, 201 and read with Section 34 of the Indian Penal Code, 1860 and

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Sections 3(1)(i)(ii), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not enter into the corporation limits of Pune City except to attend the dates before the trial Court;

(iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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