AKSHAY @ OMKAR ARJUN PATIL v. THE STATE OF MAHARASHTRA
BA/4564/2024 · 2025-11-13
Shri Shivkumar Dige
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 73013 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73013 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
38-BA-4564-2024 (CR).DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4564 OF 2024 Akshay @ Omkar Arjun Patil ...Applicant Versus The State Of Maharashtra ...Respondent ------- Mr. Yash Fadtare i/b Reena Prajapati Advocate for the Applicant. Mr. A. S. Shalgaonkar, APP for the Respondent-State. ------- CORAM :
SHIVKUMAR DIGE, J. DATE :
13th NOVEMBER, 2025. P.C.
1. By this application, the applicant is seeking regular bail in crime no.18 of 2024 registered with Islampur Police Station, Dist- Sangli for offences punishable under Sections 302 of Indian Penal Code, 1860 and under Sections 4, 25 of the Arms Act, 1959 of the Indian Penal Code, 1860. 2. It is prosecution’s case that on 16th January, 2024 at around 20.30 hrs, the applicant stabbed in stomach and chest of brother-in-law of the first informant with knife and murdered him on the ground of old dispute. 3. It is contention of learned counsel for the applicant that the applicant is behind bar more thant 1 year and 10 months. Page 1 of 3 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.11.14 18:51:33 +0530
38-BA-4564-2024 (CR).DOC There is no progress in trial though charge is framed. Hence, requested to allow the application. 4. It is contention of learned APP that the incident is captured in CCTV footage. In CCTV footage, it is seen that the application is sitting on the motor cycle of the deceased as pillion and taken out the knife from his pocket. The deceased had phoned the witness Abhijit Gavade and informed him that the applicant assaulted him with knife. When the witness Abhijit went to incident spot, he found that the deceased was lying in pool of blood in injured condition. Learned APP further submits that the applicant made extra judicial confession to his friend witness Vinayak Patil. Applicant and first infromant are from the same village and the other wintesses are also from the same village. If the appplicant relased on bail he may thraten the prosecution witnesses and requested to reject the application. 5. I have heard both the learned counsel, perused the FIR and documents produced on record. 6. The applicant was seen with the deceased before the incident.
In the CCTV footage, it is seen that the applicant had taken out knife from his pocket when he was riding pillion with the deceased, thereafter the incident happened. The decesed
38-BA-4564-2024 (CR).DOC had called the witness Abhijit Gavade, whose statement is recorded under Section 164 of Cr.P.C. He has stated that he received the phone call from deceased Suhas Kadam at around 7.30 p.m. to 7.35 p.m. stating that the applicant had stabbed him. The CCTV footage timing matches with the timing of this witnesses. It appears from the record that applicant wanted to marry with the sister of the deceased. He was harassing her. But the deceased did not accept the proposal of the applicant and his sister married with the first informant. On that ground the applicant had anger in his mind against the deceased. 7. Charge is framed against the applicant. There is progress in trial. The knife used in the crime is recovered at the instance of the applicant. The first informant and all prosecution witnesses are from the same village where the applicant stays. If the applicant released on bail, he may threaten the prosecution witnesses and the first informant. In view of above, I pass following order :
O R D E R Application is rejected. (SHIVKUMAR DIGE, J.)