Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 6779 (BOM)

RAMCHANDRA S/O RAMESH ATRAM (IN JAIL) v. THE STATE OF MAHARASHTRA THR PSO., PS KALAMB DIST. YAVATMAL

BA/1064/2026 · 2026-09-04

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Order 040926ba1064.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1064 OF 2026. Ramchandra Ramesh Atram -VERSUS- The State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri V.V. Sharma, Advocate (Appointed) for the Applicant. Shri U.R. Phasate, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 04, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.58/2024 registered with Kalamb Police Station, District Yavatmal for the offences punishable under Sections 302 and 457 of the Indian Penal Code. Charge sheet came to be filed and Sections 394 and 449 of the Indian Penal Code came to be added. 3. The first information report came to be lodged by Sou. Girja Atram, alleging that on 05.02.2024 she had been to Rgd. 2026:BHC-NAG:11783 Order 040926ba1064.26 2 the house of her aunt and found that her aunt lying on the ground motion less. It is alleged that the deceased was killed during the theft attempt. Therefore, the report was lodged against unknown person. 4. The learned Counsel for the applicant submits that he has been falsely implicated in the crime. Even though recovery of golden ornaments was made from the applicant, however, whether the golden ornaments belonged to the deceased, which were taken by the applicant by murdering her, is the question. The deceased is the distant relative of the applicant. He submits that the applicant is in jail since 06.02.2024, considering the fact that the only circumstance which connects the applicant is recovery. However, recovery is doubtful for the reason that it is not clear from the entire charge sheet as to what raised suspicion against the applicant, since the first information report is registered against unknown person. Therefore, the entire recovery is doubtful and it cannot be believed. He therefore, prayed for grant of bail. 5. On the other hand the learned A.P.P. opposed the application by submitting that it is not in dispute that the Rgd. Order 040926ba1064.26 3 recovery of golden and silver ornaments was made on behalf of the applicant. He further submitted that said ornaments were identified by the informant, in such circumstances, the applicant does not deserve to be released on bail. 6. I have considered the rival submissions of the parties. It appears from the first information report that it is registered on 06.02.2024 against unknown person alleging that the paternal aunt of the informant was murdered. It further appears that the applicant was taken into custody on suspicion during which he confessed and accordingly recovery was shown to be made from him of golden and silver ornaments. Further said ornaments were identified by the informant. Apart from this, recovery, there is no connecting circumstances against the applicant to show that he has committed murder, therefore, I am of the considered opinion that since the applicant is behind bars since last two years, now investigation is over and no purpose would be served by keeping him in jail, and therefore, he is entitled to grant of bail. Hence, the following order. Rgd. Order 040926ba1064.26 4 ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Ramchandra Ramesh Atram be released on regular bail in connection with Crime No.58/2024 registered with Kalamb Police Station, District Yavatmal for the offences punishable under Sections 302 457, 394 and 449 of the Indian Penal Code on his furnishing P.R. Bond of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. Rgd. Order 040926ba1064.26 5 (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. (ix) Fees of the appointed Counsel be determined and paid as per Rules. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 07/09/2026 16:33:51