Ganesh Appasaheb Shejwal And Another v. The State Of Maharashtra

2025:BHC-AUG:11642 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 554 OF 2025 1.

Ganesh s/o Appasaheb Shejwal Age : 34 Years, Occupation Business, R/o : Bhimnagar, Shirdi, Taluka Rahata, District Ahmednagar.

2.

Ajay s/o Ratnakar Shejwal Age : 24 Years, Occupation : Business, R/o. Bhimnagar, Shirdi, Taluka Rahata, District Ahmednagar.

... Applicants

Versus

The State of Maharashtra Through : In-charge Police Inspector, Shirdi Police Station, Taluka Rahata, District Ahmednagar.

... Respondent .....

Mr. A. N. Barhate Patil, Advocate for the Applicants. Mr. V. M. Jaware, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

23.04.2025 ORDER :

1.

Applicants seek enlargement on regular bail on account of their arrest in crime no. 0116 of 2025 registered at Shirdi Police Station, District Ahilyanagar for offences punishable under Sections 3, 25, 7 and 27 of the Arms Act, 1959.

2.

Learned counsel submitted that applicants are arrested on 08.02.2025. That, there are mere allegations that applicant Ganesh fired bullets in air. That, weapon is recovered from the house of

-2applicant Ajay. That, investigation is almost over and mere formality of filing charge sheet has remained. That, in the light of such nature of allegations, when no further recovery or discovery is to be made, and as applicants are ready to abide all conditions imposed by this Court, learned counsel urges for bail.

3.

Learned APP opposed on the ground that investigation revealed that two gun shots were fired in air by applicant Ganesh with intention to create terror and video shooting of the said occurrence was also done. However, he further submits that recovery is already effected and three country made pistols and live cartridges are seized. 4.

Heard. Perused the FIR dated 08.02.2025 at the instance of police personnel, who reported that secret information was received by police that present applicant Ganesh had made firing in air, of which video shooting is also made in mobile, with intention to create terror, and on receipt of such secret information, a team was constituted and dispatched in search of applicant Ganesh. He was found in his house near R.B.L. Chowk, Shirdi and in presence of panchas, inquiry was made with him and he admitted about having fire arms and it being kept in the house of his cousin Ajay (applicant no.2) in the neighbourhood. Therefore, seizure was effected and crime was registered. Apparently, FIR is on the basis of some secret

-3information. FIR does not show exactly when the episode of firing took place. However, recovery is made. There was no use of fire arms for other purpose except alleged firing in air with alleged intention of creating terror. No criminal antecedents are reported. Therefore, when learned APP has admitted that recovery is already done, no purpose would be served by further detention of applicants. Hence, I proceed to pass the following order :

ORDER

I.

The application is allowed.

II.

Applicants be released on bail in connection with Crime No. 0116 of 2025 registered at Shirdi Police Station, District Ahilyanagar, on executing Personal Bond of Rs. 15,000/- each, with one surety by each in the like amount, on the following conditions: [a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicants shall attend the concerned police station three times in every week i.e. on every Monday, Wednesday and Friday till filing of charge sheet and thereafter, shall regularly attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre