GUDDU SOUBHAN HARIJAN vs STATE OF MAHARASHTRA

Judgment text excerpt

918.BA.3470.24.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3470 OF 2024 Guddu Soubhan Harijan .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Ajay Talreja, Advocate for Applicant.  Ms. Savita M. Yadav, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 06, 2025. ORAL JUDGEMENT: 1. Heard Mr. Talreja, learned Advocate for Applicant and Ms. Yadav, learned APP for Respondent – State. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking Regular Bail in connection with C.R. No.130 of 2018 registered with Waliv Police Station, Palghar for the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for short “IPC”). 3. Applicant is arrested on 13.02.2018 and has been in custody for almost 7 years till date. His several Bail Applications before the Sessions Court have been dismissed previously. After the present Application was filed, Applicant did not have representation and sought legal aid. Advocate Mr. Ajay Talreja is appointed to represent and espouse the cause of Applicant. He would draw my attention to 1 of 19 918.BA.3470.24.doc the FIR appended at page No.9 of the Application and would contend that it is borne out from the record that the 3 Accused namely Accused No.1 Mohd. Karim Alias Kalim, Accused No.2 – Sainath Anil Devkar and Accused No.3 – present Applicant Guddu Soubhan Harijan had a previous enmity with the victim and had called him at the incident spot which is a public place near the nullah (ukyk) on the intervening night of 12.02.2018 and 13.02.2018. The victim went to the incident spot and there was a quarrel which ensued betwe