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Bombay High Court

ROHIT @ DADU SUDHAKAR PEKHALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail was granted to the applicant under Section 439 of the Code of Criminal Procedure.

Summary

The applicant, Rohit @ Dadu Sudhakar Pekhale, was charged in C.R. No.126 of 2024 for offences including murder, attempt to murder, and criminal intimidation. The alleged incident involved an altercation that escalated into a stabbing of the victim with a sharp object, with the applicant and co-accused identified as having identical roles. The applicant pleaded that he has no prior criminal record and has been in custody for over two years and five months without trial. The court considered the seriousness of the charges, the length of pre‑trial detention, the lack of antecedents, and the delay in trial proceedings. Finding that the trial was not imminent and that continued detention would be oppressive, the court granted bail under Section 439 of the CrPC. The bail was conditioned on a bond, sureties, reporting requirements, and other standard conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 439 CrPC despite the gravity of the offences (including murder and attempt to murder).
  • Whether the length of pre‑trial detention and lack of a forthcoming trial justify bail.

Legislation cited

Subjects

  • bail
  • section 439
  • Indian Penal Code
  • pre‑trial detention
  • criminal law
  • Maharashtra

Judgment

                                                                      17.BA.3774.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3774 OF 2026

              Rohit @ Dadu Sudhakar Pekhale                   .. Applicant
                         Versus
              The State of Maharashtra                        .. Respondent
                                         ....................
               Mr. Ashok Mundargi, Senior Advocate a/w. Ms. Nishi Singhvi,
                Advocates i/by Mr. Kuldeep Nikam for Applicant.
               Ms. Sangeeta E. Phad, APP for Respondent.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 07, 2026
              P.C.:

              1.        Heard Mr. Mundargi, learned Senior Advocate for Applicant

              and Ms. Phad, learned APP for Respondent.


              2.        This is an Application under Section 439 of of the Code of

              Criminal Procedure, 1973 seeking Bail in connection with C.R. No.126

              of 2024 registered with Sarkarwada Police Station for offences

              punishable under Sections 302, 323, 504, 143, 148 and 149 of the

              Indian Penal Code, 1860.


              3.        Mr. Mundargi appears for Accused No.1 in the present

              matter. The role attributed to Accused Nos.1 and 4 is identical i.e.

              they having stabbed the victim on his abdomen and thigh with a sharp

              object. There is no recovery made by the prosecution of the alleged

              weapon.



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4.        It is prima facie seen that the victim in question was running

an errand on behalf of his family members for purchasing certain items

from the grocery store on his motorcycle and he encountered Accused

No.3 who was standing on the road. At that time Accused No.3 along

with the present Applicant came to the said store to buy cigarettes and

an altercation occurred between them which escalated.


5.        However the said altercation subsided there and then itself

and the victim left the incident spot. However, this incident was a

precursor incident and the victim once again returned back to the same

spot where the Applicant alongwith the other co-accused persons were

still buying their cigarettes. There was an altercation which occurred

thereafter which led to a fight wherein the victim was assaulted.


6.        Mr. Mundargi has argued that the Applicant has no

antecedents and the role attributed to Accused Nos.1 and 4 is identical

of they having used some sharp edged weapon. Though he has argued

on other issues also relating to seizure and recovery, I need not detail

myself in the same, since the Applicant has been incarcerated for more

than 2 years 5 months in custody pending trial.


7.        In that view of the matter and the ignominy of the trial not

being commencing or for that matter concluding in the near

foreseeable future being imminent, I am inclined to accept the case of

Applicant on bail.


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8.        Considering the aforesaid, Applicant          is released on bail

subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 126 of 2024;


          (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 surety / sureties of the

                like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

                Monday of the month between 10:00 a.m. to 12:00

                p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted    and     will   not   take    any    unnecessary

                adjournments, if he does so it will entitle the

                prosecution to apply for revocation of this order;

          (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



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                                       of his current address and mobile contact number and /

                                       or change of residence or mobile details, if any, from

                                       time to time, as applicable; and

                             (viii)Any infraction of the conditions shall entail cancellation

                                       of bail granted to the Applicant.

               9.            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.


               10.           Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                    [ MILIND N. JADHAV, J. ]

                          Digitally signed
                          by HARSHADA
               HARSHADA   HANUMANT
               HANUMANT   SAWANT
               SAWANT     Date:
                          2026.10.07
                          18:58:24 +0530




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