Pritesh Kushaba Panmand v. The State Of Maharashtra
2024:BHC-AUG:27353
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 949 BAIL APPLICATION NO. 1800 OF 2024 PRITESH KUSHABA PANMAND
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Narwade Narayan B. APP for Respondents/State : Mrs. M.L. Sangit Advocate for assisting APP : Mr. R.R. Karpe ...
WITH BAIL APPLICATION NO. 1802 OF 2024 NANDKUMAR SADASHIV AUTI
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Narwade Narayan B. APP for Respondents/State : Mrs. M.L. Sangit Advocate for assisting APP : Mr. R.R. Karpe ...
WITH BAIL APPLICATION NO. 1803 OF 2024 MANGESH SUBHASH KAWRE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Narwade Narayan B. APP for Respondents/State : Mrs. M.L. Sangit Advocate for assisting APP : Mr. R.R. Karpe ...
WITH APPLICATION FOR CANCELLATION OF BAIL NO. 192 OF 2024 RAHUL BABAN ZAWARE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents/State : Mrs. M.L. Sangit Advocate for Respondent 2 : Mr. N.B. Narwade ...
WITH CRIMINAL APPLICATION NO. 4437 OF 2024 IN BA/1802/2024 RAHUL BABAN ZAWARE
VERSUS
NANDKUMAR SADASHIV AUTI AND ANOTHER ...
Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents/State : Mrs. M.L. Sangit Advocate for Respondent 2 : Mr. N.B. Narwade ...
WITH CRIMINAL APPLICATION NO. 4438 OF 2024 IN BA/1800/2024 RAHUL BABAN ZAWARE
VERSUS
PRITESH KUSHABA PANMAND AND ANOTHER ...
Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents/State : Mrs. M.L. Sangit Advocate for Respondent 2 : Mr. N.B. Narwade ...
WITH CRIMINAL APPLICATION NO. 4439 OF 2024 IN BA/1803/2024 RAHUL BABAN ZAWARE
VERSUS
MANGESH SUBHASH KAWARE AND ANOTHER ...
Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents/State : Mrs. M.L. Sangit Advocate for Respondent 2 : Mr. N.B. Narwade ...
CORAM : ARUN R. PEDNEKER, J.
Dated : November 22, 2024 PER COURT :- 1.
Applications filed for assisting APP are allowed. Mr. R.R. Karpe, learned advocate is allowed to assist the learned APP. 2.
In bail applications, heard Mr. N.B. Narwade, learned counsel for the applicants, the learned APP for the respondent-State and Mr. R.R. Karpe, learned advocate assisting APP. Seen the video of the incident which is also part of the record.
3.
The applicants in the bail applications are seeking bail as they were arrested in connection with Crime No. 414/2024 dated 6.6.2024 registered
with Parner Police Station, District Ahmednagar for the offences punishable under sections 307, 324, 323, 341, 427, 143, 147, 148, 149, 504, 506 of I.P.C. and under sections 3 r/w. 25 and 4 r/w. 25 of Arms Act and under section 135 of Maharashtra Police Act.
4.
Bail Application No. 1800/2024 is filed by applicant Pritesh Kushaba Panmand, Bail Application No. 1802/2024 is filed by applicant Nandkumar Sadashiv Auti and Bail Application No. 1803/2024 is filed by applicant Mangesh Subhash Kaware. All the applicants are arrested in above crime prior to five and half months.
5.
In the F.I.R., it is alleged that other accused Ankush Thube assaulted on the face of the complainant by means of brick and accused Pawan Auti also assaulted on the left cheek of the complainant by means of brick and caused grievous injuries.
6.
Allegation against applicant - Nandakumar is that he broke the glass of the car and had taken the complainant out of car and tried to press his neck Applicant - Pritesh has also broken the glass of the car and sat on the leg of the complainant and thereafter, sat on the bonnet of the car. Allegation against applicant Mangesh is that he assaulted on the back the complainant by rod. From the CCTV footage which is produced before this Court, various people have thrashed the victim. Prima facie it cannot be said that the intention of the applicant is to cause grievous hurt to the complainant and apparently the grievous injuries on face of the complainant were not given by the applicants. Considering that the applicants herein are behind bars for last five and half months and considering the nature of injuries caused to the complainant, I deem it appropriate to hold that the applicants herein are entitled for regular bail.
7.
In view of the above, the Bail Application No. 1800/2024 of applicant - Pritesh Kushaba Panmand, Bail Application No. 1802/2024 of applicant Nandkumar Sadashiv Auti and Bail Application No. 1803/2024 of applicant Mangesh Subhash Kaware are allowed in the following terms : a] The applicants shall be released on bail in connection with Crime No. 414/2024 dated 6.6.2024 registered with Parner Police Station, District Ahmednagar for the offences punishable under sections 307, 324, 323, 341, 427, 143, 147, 148, 149, 504, 506 of I.P.C. and under sections 3 r/w. 25 and 4 r/w. 25 of Arms Act and under section 135 of Maharashtra Police Act, 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, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicants shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.
d] The applicants shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicants, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 8.
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.
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.
9.
The Bail applications stand disposed of.
10.
List the application for cancellation of bail on 2.12.2024. ( ARUN R. PEDNEKER, J. ) ssc/