Premdas @ Premnath Govind Pawar v. The State Of Maharashtra
2025:BHC-AUG:6017 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 270 OF 2025 Premdas @ Premnath S/o. Govind Pawar, Age : 43 years, Occu. : Business, R/o. Dhanegaon, Tq. & Dist. Nanded.
... Applicant
Versus
The State of Maharashtra, Through Police Station Nanded Gramin, Dist. Nanded.
... Respondent ......
Mr. Suraj R. Bagal h/f. Mr. B. N. Gadegaonkar, Advocate for Applicant. Mr. P. K. Lakhotiya, APP for Respondent - State. ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 3rd MARCH, 2025 ORDER :
1.
Present application is for grant of regular bail on account of arrest of applicant in Crime No. 0298 of 2024 registered at Nanded Rural Police Station, District Nanded for offence punishable under sections 307, 323, 504, 506 r/w section 34 of Indian Penal Code (IPC).
2.
Learned counsel submitted that, applicant is arrested in above crime on 12.04.2024. That, alleged occurrence is of 10.04.2024, but FIR is lodged after two days i.e. on 12.04.2024. Learned counsel submitted that allegations are of hitting stick.
-2That, occurrence was in the backdrop of money transaction. That, stick is already recovered. That, investigation is over and charge sheet is also filed in July 2024. That, there are no immediate prospects for matter going for trial. Learned counsel pointed out that, nothing further is to be recovered at applicant's instance and as he is ready to abide any and all conditions imposed by this court, bail is urged for.
3.
Learned APP opposed on the ground that, offence of attempt to murder has been registered. That, applicant is named for hitting wooden stick on the head. He took this court through the injury certificate. That, there is eye witness account. Learned APP apprehends misuse of liberty. For all above reasons, bail is opposed.
4.
Perused the FIR dated 12.04.2024 at the instance of Shahrukh Usman Qureshi, who has reported gramin police station Nanded that, he runs meat shop. That, on 10.04.2024, he had given electric cooler for repairs i.e. to the present applicant. Therefore, he had been to applicant's shop and that time applicant demanded Rs.1200/-. He was questioned for raising the expenses, resulting into quarrel and it is alleged that, present applicant initially hit iron strip on the head and when his friend Sohel
-3intervened, he was also hit with wooden stick. On above report, crime is registered. Injury certificate is placed on record, which shows that, informant Shahrukh has suffered contusion to left parietal region and injury is shown to be simple in nature and there is one blunt trauma over right parietal region, which is also shown to be simple in nature. Now, investigation is said to be over and charge sheet is already filed way-back in July 2024. There is nothing to indicate about matter going for framing charge or for further trial. In the light of above, when there is nothing further shown to be recovered or discovered at the instance of applicant, relief as prayed deserves to be granted. Hence, the following order is passed :-
ORDER
(i) The application is allowed.
(ii) Applicant Premdas @ Premnath S/o. Govind Pawar be released on bail in connection with Crime No.0298 of 2024 registered with Nanded Rural Police Station, District Nanded on executing P.B. of Rs.15,000/- with one surety in the like amount.
(iii) Applicant shall not tamper prosecution evidence. (iv) Applicant shall not enter the vicinity where the informant and his family members reside, till conclusion of trial.
-4- (v) Applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. (vi) Applicant shall attend each and every effective date before the trial court.
(ABHAY S. WAGHWASE, J.) Tandale