Laxman Alias Raju Panditrao Shitale v. The State Of Maharashtra

2025:BHC-AUG:28289 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 BAIL APPLICATION NO. 1771 OF 2025 Laxman Alias Raju Panditrao Shitale

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Manish P. Tripathi APP for Respondents: Mr. K.K. Naik .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 8th OCTOBER, 2025.

PER COURT :- 1.

This is an application for granting regular bail under section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in connection with Crime No.0258 of 2024 registered with Tadkalas police station, District Parbhani for the offences punishable under Sections 103-1, 189-2, 189-4, 191-2 and 191-3 of the Bharatiya Nyaya Sanhita, 2023.

2.

The informant, mother of the victim, averred in the report that her son Sachin was on parole leave. On the occasion of Diwali, her two married daughters had also come to stay with her alongwith their children. The applicants and co-accused came at her house on 07.11.2024 at about 9.30 p.m. and took the Sachin with them for the dinner party. It is alleged that quarrel took place between the

-2applicant and the co-accused with Sachin, and all of them assaulted him with a knife, wooden logs, and fist blows. After beating him, they left him at the Pimpari Deshmukh Shivar where he was later found dead, and a report was lodged.

3.

The learned advocate for the applicant submitted that applicant has roots in the society. He will not flee away from the trial. The trial will take a long period. The co-accused is released on bail by this Court. Incident took place all of a sudden. It is lastly prayed to grant the bail.

4.

Learned APP for the respondent - State has opposed the application and pointed out the postmortem report and submitted that the last seen of Sachin was with the applicant and other co-accused who insisted him to come with them for the party. The applicant has criminal antecedents. If the applicant is released on bail he may tamper the prosecution witnesses. It is lastly prayed to reject the application.

5.

Perused the charge-sheet, particularly the postmortem report and the statements of witnesses. The applicant is behind the bars for more than 9 months. Considering the entire charge-sheet and the fact that trial will take a long period the application deserves

-3to be allowed on the principle that bail is rule and jail is exception, as the applicant has roots in the society. He is entitled for bail on the principle of parity as the bail is granted by this court to the coaccused in bail application No. 895 of 2025 on 30.09.2025. He will not flee away from the trial, the application deserves to be allowed on certain conditions. Hence the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with Crime No.0258 of 2024 registered with Tadkalas police station, District Parbhani, be released on bail on furnishing personal bond of Rs.25,000/- with one surety of the like amount on following conditions :- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

b) The applicant shall not enter the village where the informant is residing, till the conclusion of the trial. c) If it is found that applicant has pressurized the prosecution witnesses and tried to tamper the evidence, the investigating officer conducting the case and the

-4informant, is at liberty to file an application before the trial court for cancellation of the bail of this applicant. The learned trial court shall proceed further to decide such application on merits even though bail is granted by this Court.

(SANJAY A. DESHMUKH, J.) rlj/