Jagdish Chandraprakash Bhatewale v. The State Of Maharashtra

2025:BHC-AUG:19177

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 953 BAIL APPLICATION NO. 1314 OF 2025 Jagdish Chandraprakash Bhatewale

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Kolekar R N APP for Respondents-State: Mr. G. O. Wattamwar ...

CORAM : ARUN R. PEDNEKER, J.

Dated : July 22, 2025.

PER COURT :- 1.

Heard learned Counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail in connection with FIR No.103/2024 registered with Begumpura Police Station, Chhatrapati Sambhajinagar, for the offence punishable under Section 307 of the Indian Penal Code. 3.

The allegation against the applicant is that he assaulted the brother of the informant. The incident occurred on 16/04/2024, and the applicant was arrested on 17/04/2024. Since then, he has been in judicial custody. The learned APP has placed on record the injury certificate, which reveals that the victim sustained two grievous injuries :

i) A contused lacerated wound over the head measuring 2 x 1 x 1 cm, caused by a hard and blunt object;

ii) A stab wound over the left side of the chest, measuring 2 x 1 cm, caused by a sharp and pointed weapon.

Both injuries are certified to be grievous in nature. The investigation is complete and the charge-sheet has been filed. 4.

The learned Counsel for the applicant submits that the applicant is in custody since 17/04/2024 and continues to remain behind bars for over 17 months. He further submits that the charges are framed. It is also pointed 1 of

953 BA 1314-2025 out that there are prior incidents between the same parties, and two previous FIRs were registered against the applicant under Sections 323 and 324 of the IPC. The alleged incident dated 14/04/2024 is part of the ongoing dispute between the parties, which appears to be recurring in nature. It is submitted that considering the prolonged incarceration, the applicant may be released on bail.

5.

The learned APP opposes the bail application and submits that there are repeated instances of violence between the parties. If the applicant is released on bail, there is a likelihood of further escalation and recurrence of such offences.

6.

However, considering the fact that the applicant is in jail for a considerable period, the investigation is over, the charge-sheet is filed, and also taking into account the background of previous disputes between the parties, this Court is of the view that the applicant can be released on bail, subject to stringent conditions. To ensure that further conflict is avoided, the applicant shall not enter the jurisdiction of Begumpura Police Station, Chhatrapati Sambhajinagar, till the conclusion of the trial. 7.

In view of the above, the application is allowed in the following terms: - a) The applicant shall be released on bail in connection with FIR No.103/2024 registered with Begumpura Police Station, Chhatrapati 2 of

953 BA 1314-2025 Sambhajinagar, for the offence punishable under Section 307 of the IPC, on furnishing a PR bond of Rs.25,000/- with one or two sureties of the like amount, to the satisfaction of the trial Court. b) The applicant shall not, in any manner whatsoever, contact the informant during the pendency of the trial. c) The applicant shall cooperate with the trial Court and attend each and every hearing, unless exempted by the Court. d) The applicant shall not tamper with the prosecution evidence or attempt to influence the informant, witnesses, or any other person concerned with the case.

e) Upon release, the applicant shall place on record his contact number and residential address before the trial Court and shall keep the same updated in case of any change.

f) The applicant shall not enter the jurisdiction of Begumpura Police Station, Chhatrapati Sambhajinagar, till the conclusion of the trial.

8.

Needless to state, if any of the aforesaid conditions are violated, the bail granted to the applicant shall be liable to be cancelled. It is clarified that the observations made herein are confined to the consideration of the present bail application, and the trial Court shall proceed on its own merits without being influenced by the observations made in this order. 9.

The application stands disposed of accordingly. ( ARUN R. PEDNEKER, J. ) vj gawade/-.

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