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Judgment
Heard Mr. Amol Thorat, learned Advocate for the Appellant, Dr. A. A. Takalkar, learned APP for the State and Ms. Suvarna Yadav, learned Advocate for Respondent No. 2.
By this Appeal filed under 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Appellant seeks bail in Crime No. 0428 of 2025.
Mr. Amol Thorat, learned Advocate for the Appellant, states that Crime No. 0428 of 2025 is registered as Special Case No. 01 of 2026 and is pending before the Additional Sessions Judge, Islampur (“Trial Court”).
The prosecution case is that the accused persons in Crime No. 0428 of 2025 committed the murder of Rasika Mallik Kadam (deceased).
The Appellant was arrested on 8th November 2025. The Bail Application at Exhibit-21 in Special Case No. 01 of 2026, filed by the Appellant, was dismissed by the Trial Court on 1st April 2026.
Mr. Amol Thorat, learned Advocate for the Appellant, submits that the allegation in Crime No. 0428 of 2025 against the Appellant is disposing of the body of the deceased. He further submits that apart from this allegation, there are no other allegations against the Appellant. He further submits that on similar facts, Ganesh Yerkar (Accused No. 2) has been released on bail by the Sessions Court vide order dated 5th February 2026.
Dr. A. A. Takalkar, learned APP for the State, submits that the involvement of the Appellant in Crime No. 0428 of 2025 is made out from the record. She, however, does not contest the statement made by Mr. Amol Thorat, learned Advocate for the Appellant, that the involvement of the Appellant in the present crime is limited to the destruction of evidence.
Ms. Suvarna Yadav, learned Advocate for Respondent No. 2, submits that the Appellant assisted the co-accused in committing the brutal murder of Rasika Manik Kadam and in thereafter destroying the evidence of the crime.
Perused the record with the assistance of the learned Advocates.
The FIR indicates that the Appellant's involvement in the crime was assisting Tukaram Shankar Wategaonkar (Accused No. 1) in disposing of the body of the deceased after the murder was committed allegedly by Accused No. 1. Apart from this involvement, there is no other material indicating that the Appellant participated in the commission of the murder. On similar, if not identical, facts, Ganesh Yerkar (Accused No. 2) is released on bail by the Sessions Court on 5th February 2026. The Appellant has been in custody since 8th November 2025.
Considering the allegations against the Appellant in Crime No. 0428 of 2025, the substantial time the trial would take and the fact that Accused No. 2, who is identically placed, has been released on bail, the continued incarceration of the Appellant pending the trial of Special Case No. 01 of 2026 is unnecessary. The Appellant is, therefore, entitled to bail.
In view of the above, the following order:
The Appellant in Crime No. 0428 of 2025, dated 7th November 2025, registered with Islampur Police Station, District Sangli shall be released on bail upon furnishing a PR bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Islampur in Sessions Case No. 01 of 2026.
The Appellant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. Appellant shall not tamper with evidence in any manner.
The Appellant shall provide the Investigating Officer at Islampur Police Station, with his residential address and proof thereof, his contact number and must inform the Investigating Officer, of any changes to this information from time to time.
The Appellant shall regularly appear before the Additional Sessions Judge, Islampur, in Sessions Case No. 01 of 2026, whenever the matter is fixed, unless specifically exempted. If the Applicant fails to appear before the Trial Court on the fixed date, the same will be considered a breach of condition, and the Trial Court, will be at liberty to pass appropriate orders.
Criminal Appeal No.193 of 2026 is allowed.