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
- Indian Penal Code, 1860 — s. 302, 506
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,
Anand 1 of 4
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
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