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Bombay High Court

DEVANAND DATTARAM MOREversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the accused subject to the conditions stipulated by the court.

Summary

The sole accused, Devanand Dattaram More, was arrested on 11 July 2023 for alleged offences under Sections 302 and 506 of the Indian Penal Code, accused of stabbing the victim over a dispute concerning unpaid dues of Rs 5,000 for painting work. He has been in custody for more than three years without the trial commencing. The court examined whether bail could be granted despite the seriousness of the charges and the non‑bailable nature of the offences, considering the long pre‑trial detention and the prima facie view that the assault was not pre‑planned but arose from a quarrel. Relying on the principle that prolonged incarceration without trial is undesirable, the judge granted bail subject to strict conditions, including a surety of Rs 5,000, monthly reporting to the investigating officer, and prohibitions against tampering with evidence or fleeing the country. The order expressly limited its observations to bail and reserved judgment on the merits of the case for the trial court.

Issues considered

  • Whether bail can be granted in a non‑bailable offence (IPC 302) when the accused has been detained for over three years without trial.
  • Whether the circumstances of the alleged assault, including lack of pre‑meditation, justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • IPC 302
  • IPC 506
  • pre‑trial detention
  • non‑bailable offence
  • criminal assault
  • murder
  • criminal intimidation
  • conditions of bail

Judgment

                                                                            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.
ANAND
SUDHAKAR              The State of Maharashtra                                .Respondent
SUDAME
Digitally signed by
ANAND SUDHAKAR
SUDAME                Mr. Sachin Salunke, Advocate, for the Applicant
Date: 2026.09.08
11:21:30 +0530
                      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,


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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;


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                                                      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

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                 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.)




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