Sachin Suresh Alias Appasaheb Kale And Another v. The State Of Maharashtra

2025:BHC-AUG:19856

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1322 OF 2025

1. SACHIN SURESH ALIAS APPASAHEB KALE

2. AJAY @ ROMAN S/O. HARICHANDRA SHINDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Dnyaneshwar B.Pokale APP for Respondent : Mr.V.M.Jaware ...

CORAM : ARUN R. PEDNEKAR, J.

DATE : 28-07-2025 PER COURT:- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent-State.

2.

The applicants are seeking bail as they are arrested on 05.06.2025 in connection with Crime No. 311/2025, dated 05.06.2025, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Section 3, 4, 25 of Arms Act, under Section 135 of the Maharashtra Police Act, 1951 and under Section 3 (5) of the B.N.S. 3.

The learned counsel for the applicants submits that the applicants are arrested for having possession of country made pistol and sharp edge knife. The maximum punishment of the offence is of three years. Subsequently, section 7 of the Arms Act is added.

4.

The learned APP submits that during course of investigation, section 7 of the Arms Act is added. 5.

However, in the instant case, since nobody is found using weapon prima facie section 7 of the Arms Act would not apply as there is no allegations against the applicants for usage of the arms. Considering that the applicants are in custody from 05.06.2025. The maximum punishment of the offence is of 3 years. There are no antecedents against the applicant No.1. As regards applicant No.2 there are two antecedents in respect of Gambling Act against him. Considering this aspect of the matter, the applicant is granted bail. The application is allowed on the following terms :

a] The applicants shall be released on bail in connection with Crime No. 311/2025, dated 05.06.2025, registered with Bidkin Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 3, 4, 25 of Arms Act, Section 135 of the Maharashtra Police Act, 1951 and Section 3 (5) of the B.N.S., on furnishing PR bond of Rs.20,000/- each, with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicants shall not enter the jurisdiction of Bidkin Police Station till the filing of the charge- sheet.

c] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

d] The applicants shall co-operate with the trial Court and they shall attend each and every date, unless exempted by the trial Court.

e] The applicants shall not tamper with the evidence of the prosecution and they shall not influence the informant, witnesses and other persons concerned with the case. f] The applicants, upon being released on bail, shall place on record of the trial Court the details of their Contact Number and residential address with updates in case of any change. 6.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicants shall be liable to be cancelled.

7.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 8.

The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE rrd