Bombay High Court
SUSHANT NARAYAN ARUDEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the accused subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 439 of the CrPC by Sushant Narayan Arude, who is the sole accused in a murder case (IPC Section 302) arising from a dispute over premises with the deceased victim. The accused had been in custody for three years and nine months without the charge being framed, and the trial had not commenced. The court noted the prima facie observations of a prolonged incarceration and the lack of framing of charges, and, without addressing the merits of the murder charge, granted bail subject to stringent conditions including a personal bond, sureties, regular reporting to the investigating officer, and restrictions on travel and witness tampering. The order emphasized that the bail grant was solely for liberty and did not constitute any judgment on the merits of the case. The bail was ordered to be released immediately upon furnishing the bond and compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 439 CrPC despite the seriousness of the alleged murder offence and the prolonged pre‑trial detention without charge framing.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 302
Subjects
- bail
- Section 439 CrPC
- murder
- IPC 302
- pre‑trial detention
- charge not framed
- conditions of bail
Judgment
2. BA 3487-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3487 OF 2026
Sushant Narayan Arude .Applicant
Vs.
The State of Maharashtra .Respondents
Digitally
signed by
ANAND
ANAND SUDHAKAR
SUDHAKAR SUDAME
Mr. Sudeep Pasbola i/b. Mr. Rohan Hogle & Ms. Nishi Singhvi,
SUDAME Date:
2026.09.21
Advocates, for the Applicant
21:14:12
+0530 Ms. Anuja S. Gotad, APP, for the Respondent – State
CORAM : MILIND N. JADHAV, J.
DATE : 21.09.2026
P. C.
1. Heard Mr. Pasbola, learned Counsel for the Applicant and
Ms. Gotad, learned APP for the Respondent – State.
2. This Application is filed under Section 439 of the Code of
Criminal Procedure, 1973 (for short “CrPC”) in connection with
C.R.No. 40 of 2023 registered with Bharti Vidyapeeth Police Station,
Pune for offences punishable under Section 302 of the Indian Penal
Code, 1860 (for short “IPC”).
3. The Applicant is the sole Accused in the present crime having
been indicted for committing murder of the Victim. There is a
relationship between the two of them in view of the fact that the
Applicant was having a conducting Agreement with regard to the
Anand 1 of 4
2. BA 3487-2026.doc
premises belonging to the Victim. The Victim had gone to settle the
disputes in anger and it is prima facie seen from the record that in the
scuffle which took place, both the parties had sustained injuries. The
Victim, however, succumbed to his injuries. The Applicant was arrested
on 13.01.2023 and is in incarceration for the past three years and nine
months. The charge is not framed and in that view of the matter,
ignominy of the trial not commencing or for that matter, not
concluding in the near future is writ large on the face of the record.
4. In that view of the matter, the Application is allowed.
5. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Sushant Narayan Arude is directed to be
immediately released from prison in connection with
CR. No. 40 of 2023;
(ii) Applicant is directed to be released on bail on furnishing
P. R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand
only) with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Bharti Vidyapeeth Police Station, Pune, once every
month, on the first Monday of the month between 10:00
Anand 2 of 4
2. BA 3487-2026.doc
a.m. to 12:00 p.m. until commencement of trial and
thereafter shall attend all dates of hearing before the
Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer 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
Anand 3 of 4
2. BA 3487-2026.doc
the Applicant.
6. 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.
7. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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