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2026 DAILYLAW 6982 (BOM)

DEVANAND DATTARAM MORE v. STATE OF MAHARASHTRA

BA/3395/2026 · 2026-09-07

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Judgment text

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14. BA 3395-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3395 OF 2026 Devanand Dattaram More .Applicant Vs. The State of Maharashtra .Respondent Mr. Sachin Salunke, Advocate, for the Applicant Ms. Sangeeta Phad, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 07.09.2026 P. C. 1. I have heard Mr. Salunke, learned Counsel for the Applicant and Ms. Phad, learned APP for the Respondent – State. 2. The Applicant is the sole Accused person in this case. He is arrested on 11.07.2023 for offences punishable under Sections 302 and 506 of the Indian Penal Code, 1860. He is incarcerated for the past more than three years and two months. Charge of the prosecution is that he assaulted the deceased/victim by means of a knife and having inflicted two blows on him after a quarrel. Prima facie, reading the papers, the motive of the crime is that victim owed money (Rs. 5,000/-) to the Applicant for painting work accomplished by him since long and when the Applicant sought payment of the said amount, Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.08 11:21:30 +0530 14. BA 3395-2026.doc the victim delayed payment repeatedly and refused to give the money and in fact, and this irked the Applicant. Due to which there was a quarrel which ensued between them which unfortunately escalated into the incident in question. Though it is argued vehemently by Ms. Phad, learned Prosecutor that Applicant was carrying a knife with him with an intention to harm the victim fatally, however, in view of the aforesaid relationship between the parties for which the Applicant himself was required to receive monies and when it was not paid for the work done by him, the quarrel escalated into the incident. I am inclined to grant bail to the Applicant, as the assault was not predetermined and was a result of the quarrel, who has already been incarcerated for three years and two months even otherwise, on the ground of long incarceration in the aforesaid facts and circumstances, as the trial has not commenced and it will otherwise take a very long time to conclude. 3. Hence, in view of above prima facie observations and findings, Bail Application of the Applicant is allowed subject to the following terms and conditions :- (i) Applicant – Devanand Dattaram More is directed to be immediately released from prison in connection with CR. No. 277 of 2023; Anand 2 of 4 14. BA 3395-2026.doc (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs. 5,000/- (Rs. Five Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall report to the Investigating Officer at Paud Police Station, Pune(Rural), once every month, on the first Monday of every month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) The Applicant shall not leave the country without the prior permission of the Trial Court and shall deposit his passport with the Trial Court; (vi) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) The Applicant shall keep the Investigating Officer Anand 3 of 4 14. BA 3395-2026.doc informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 4. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 5. The Bail Application No. 3395 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4