Sambhaji Gautam Pawar v. The State Of Maharashtra
2025:BHC-AUG:36113 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1649 OF 2025 SAMBHAJI GAUTAM PAWAR
VERSUS
THE STATE OF MAHARASHTRA *** Advocate for Applicant : Mr. K. A. Ingle APP for Respondents-State : Ms. D. S. Jape *** CORAM : SACHIN S. DESHMUKH, J.
Date : 18th December, 2025 ORDER :- 1.
The applicant has approached this Court seeking regular bail in connection with FIR dated 29.12.2024 bearing Crime No. 221 of 2024 registered with Shirur Police Station, Dist. Beed for the offences punishable under Sections 310(2), 115(2), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
2.
The case of the prosecution that five to six unknown persons, wearing masks and carrying knives, entered the house. One of the intruders slapped the informant and, after threatening his wife, snatched her gold ornaments and stolen amount. 3.
The learned counsel for the applicants submits that the FIR was lodged against unknown persons. Furthermore, no recovery has been made at the instance of the present applicants. A co-
-2accused in this crime, Ganesh, has been enlarged on regular bail by this Court. As such, on the ground of parity, the applicant deserves to be enlarged on bail. It is further submitted that the applicants were arrested on 25.01.2025 and have been in judicial custody since then. The applicants are falsely implicated in the crime. The investigation is complete and the charge-sheet has been filed; hence, the continued incarceration of the applicants is unnecessary. Therefore, prayed that the application be allowed. 4.
The learned APP opposed the application, submitting that the crime is serious in nature and that there is sufficient material on record to establish the complicity of the applicants. Accordingly, it was prayed that the application be rejected. 5.
Admittedly, the FIR was lodged against unknown persons, and the applicant's name was only mentioned during the course of the investigation. Moreover, the alleged weapon and other articles connected to the crime have already been recovered by the investigating agency; as such, nothing further remains to be recovered at the instance of the present applicants. The investigation of the case is complete and the charge-sheet has been filed.
-36.
Furthermore, the co-accused, Ganesh, has already been enlarged on bail by this Court vide order dated 11.08.2025 in Bail Application No. 1437 of 2025. The applicant is situated on the same footing as the co-accused Ganesh and is thus entitled to bail on the grounds of parity. Thus, in my considered opinion, no fruitful purpose would be served by keeping the applicant behind the bars. 7.
Hence, the following order :-
ORDER
(I) Application is allowed.
(II) Applicant - Sambhaji Gautam Pawar be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in Crime No. 221 of 2024 registered with Shirur Police Station, Dist. Beed for the offences punishable under Sections 310(2), 115(2), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicants shall attend each and every date of the Trial Court unless exempted by the Trial Court. (b) The applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
(c) The applicants shall submit his Aadhar and Pan Card
-4to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.
(d) Breach of any of the conditions by the applicants would entail the cancellation of the bail.
(iii) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same. (SACHIN S. DESHMUKH, J.) Omkar Joshi