Laxman Govind Pawar v. The State Of Maharashtra

2025:BHC-AUG:23274

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

130 BAIL APPLICATION NO. 940 OF 2025 LAXMAN GOVIND PAWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle. APP for Respondent/State : Mr. D. J. Patil.

...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

25th August, 2025.

P.C.:

Heard both the sides.

This is an application for grant of regular bail in connection with Crime No.0220 of 2024, registered with Vazirabad Police Station, District Nanded, for the offences punishable under Sections 302, 324, 323 and 506 read with 34 of the Indian Penal Code. The report was lodged by one Sanjay Gangaram Metkar, who is the brother of deceased Sandip Metkar. The informant stated in the report that on 13th May, 2024 at about 09:00 pm, witness Ranbirsingh @ Sonu Maharaj, a friend of deceased Sandip, quarreling with applicant at Lalwani Petrol Pump. The said quarrel was resolved

by one Rajendra Pujari. Thereafter, Ranbirsingh went to meet deceased Sandip. They both went to Vazirabad. They were consuming liquor (Shindi). At about 11:30 pm, applicant and co-accused Sunil Metkar and Dinesh Metkar came there. At that time, applicant Laxman was having an iron rod in his hand. They started to beat Ranbirsingh on account of dispute between him and applicant Laxman. The informant further averred that deceased Sandip intervened to resolve the dispute. At that time, applicant Laxman said to him "You had assaulted me one and a half years ago, now I will show you". At that time, the applicant and other two co-accused started to beat him on his head by iron rod. Sandip fell down on the ground and became unconscious. Thereafter, all the three persons, including the present applicant, ran away from that place. Thereafter, Sandip was taken to hospital, where doctor declared him dead. Thereafter, the report was lodged.

The learned counsel for applicant submitted that the applicant has no motive to commit the murder of deceased Sandip. The incident took place in a spur of moment and when Sandip intervened that quarrel and in the heat of anger he was assaulted and he succumbed to the injuries. The applicant has no criminal antecedents. He has roots in the society. He will not flee away from the trial. The trial will take long period. Investigation is complete and

charge-sheet has been filed. It is lastly prayed to allow the application. The learned APP for the State strongly opposed the application and submitted that the applicant is involved in the serious crime. He has performed major role while commission of murder of Sandip. Iron rod is seized at the instance of the applicant. If he is released on bail, he will pressurize the prosecution witnesses. It is lastly prayed to reject the application.

Perused the application and charge-sheet, particularly, the report and the statements of witnesses as well as the postmortem report. The incident took place all of a sudden and the applicant has assaulted deceased Sandip. However, the applicant has no criminal antecedents. He has roots in the society. He will not flee away from the trial. Trial will take long period. Considering all these aspects, the applicant is entitled for bail on the principle that bail is rule and jail is exception. The application therefore, deserves to be allowed on certain conditions. Hence, the following order:-

O R D E R

I.

The application is allowed.

II.

The applicant in connection with Crime No.0220 of 2024, registered with Vazirabad Police Station, District

Nanded, for the offences punishable under Sections 302, 324, 323 and 506 read with 34 of the Indian Penal Code, be released on bail on furnishing personal bond of Rs.50,000/- with surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses, in any manner.

b) The applicant shall not tamper with the prosecution evidence, in any manner.

c) The applicant shall not enter the jurisdiction of Vazirabad Police Station, Nanded, unless his presence is required for any purpose related to the trial. It is clarified that if the Trial Court is situated within the jurisdiction of Vazirabad Police Station, Nanded, the applicant shall be at liberty to attend the trial proceedings.

[ SANJAY A. DESHMUKH, J. ] nga