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Bombay High Court

DATTA LAXMAN PATEKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that, given the lack of proven intent, the applicant's clean antecedents, and the undue delay in trial, bail should be granted with appropriate conditions.

Summary

The High Court considered a bail application filed by Datta Laxman Patekar, who was in custody for over four years for an alleged murder under Section 302 IPC. The prosecution alleged that the applicant deliberately assaulted and killed the victim with an iron angle and argued that he might abscond or influence witnesses if released. The defense contended that the incident was sudden, the applicant had no intention to kill, possessed no prior criminal record, and had been detained for an extended period without trial progress. After reviewing the charge sheet and the lack of evidence establishing intent, the Court noted the applicant's clean antecedents and the prolonged pre‑trial detention. Consequently, the Court granted regular bail on condition of a personal bond, sureties, and strict directives to refrain from tampering with evidence or influencing witnesses.

Issues considered

  • Whether the applicant is entitled to regular bail despite the seriousness of the murder charge under Section 302 IPC
  • Whether the risk of absconding or influencing witnesses justifies denial of bail
  • Whether the prolonged pre‑trial detention without trial progress warrants bail

Legislation cited

Subjects

  • bail
  • murder
  • Section 302 IPC
  • Criminal Procedure Code
  • pre‑trial detention
  • witness tampering
  • antecedents

Judgment

                                                                         6-BA-4271-2025 (CR).doc


                   Tikam


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL BAIL APPLICATION NO. 4271 OF 2025

                   DATTA LAXMAN PATEKAR                        ...Applicant
VAISHALI           VERSUS
ANIL
TIKAM              STATE OF MAHARASHTRA                        ...Respondent
                   _________________________________________________________________
Digitally signed
by VAISHALI
ANIL TIKAM
                   Ashraf Ali Shaikh (thr. VC), Advocate for Applicant.
Date:
2026.03.06
20:12:09 +0530
                   Mr. P.P. Jadhav, APP for Respondent-State.
                   PSI Dhiraj Jagdale, Wakad Police Station.
                   _________________________________________________________________

                                                        CORAM      :   SHIVKUMAR DIGE, J.
                                                        DATE       :   27th FEBRUARY, 2026.
                   P.C. :

                   1.          Heard learned counsel for the Applicant, learned APP for the

                   State.

                   2.          By this Application, the Applicant is seeking regular bail in

                   Crime No. 1052 of 2021 registered with Wakad Police Station, Dist. Pune

                   for the offences punishable under Section 302 of the Indian Penal Code,

                   1860.

                   3.          It is prosecution's case that on 11/12/2021, Applicant murdered

                   the brother of first informant.

                   4.          It is contention of learned counsel for the Applicant that

                   incident    occurred suddenly.    Applicant had no intention     to kill the

                   deceased. Applicant is behind bars more than four years and two months.



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He has no antecedents and requested to allow the Application.

5.         It is contention of learned APP that Applicant assaulted the

deceased with iron angle and murdered him. If Applicant released on

bail, he may abscond or threaten the prosecution witnesses and requested

to reject the Application. Charge is framed.

6.         I have heard both learned counsel. Perused charge-sheet and

documents produced on record.

7.         The Applicant is behind bars more than four years and two

months. There is no progress in the trial. It appears from record that

incident had occurred suddenly. To prove the intention of the Applicant,

evidence is required. Applicant has no antecedents.

8.         Considering these facts, I pass following order.

                                  ORDER

(i)        The Applicant- Datta Laxman Patekar be released on bail in

Crime No. 1052 of 2021 registered with Wakad Police Station, Dist. Pune,

on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in

the like amount.

(ii)       The Applicant shall not tamper with the evidence and/or

influence the prosecution witnesses.

(iii)      The Trial Court shall decide the case on its own merits and in

accordance with law, uninfluenced by the observations made in this order.


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                                                    6-BA-4271-2025 (CR).doc


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(iv)      The Applicant shall attend the concerned Police Station as and

when required.

(v )      Application is allowed in the aforesaid terms.




                                             (SHIVKUMAR DIGE, J.)




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