VIVEKANAND SUDHIR PISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Pandey, learned Advocate for Applicant and Ms. Ganapthy, learned APP for State.

(2.) Present Application has been filed by Applicants who are arraigned as accused Nos. 14 and 15 for seeking regular bail under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") in connection with Crime No. 129 of 2011 registered with Kurar Police Station for the offences punishable under Ss. 143, 147, 148, 149, 302, 323, 342, 364, 395, 511 r/w 120B of the Indian Penal Code, 1860 (for short, "IPC"). Both Applicants are incarcerated in prison for the past more than 13 years 7 months and 11 days. Application is filed on 17/3/2025. Considering the long incarceration, Application is taken up for hearing.

(3.) Applicant No.1 - Accused No.14 was arrested on was arrested on 9/8/2011 whereas Applicant No. 2 - Accused No.15 was arrested on 17/8/2011. There is no doubt that crime in the present case is a very serious and heinous crime which took place on 5/6/2011. Initially FIR was lodged against 6 to 7 unknown persons on 5/6/2011. There has been several orders passed by the Court in the recent past and considering the gravity of the crime accused persons involved in the crime were denied bail by the Court. The last order of the Supreme Court dtd. 2/1/2024 is appended at page No. 236 of the Application rejecting Special Leave to Appeal Petition filed by Applicant before me. Though no reasons are given in the said order but the learned Prosecutor had persuaded the Court to consider order of rejection dtd. 12/9/2023 of this Court appended at page No.229 of the previous Bail Application and would persuade the Court to prima facie also consider the distinction in the role of present Applicants and allow prosecution to complete the trial and resultantly reject the present Bail Application.