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Bombay High CourtAPEAL/720/2025disposed off

Sanjay Kisan Bhavar v. The State Of Maharashtra And Another

2025-09-29Hon'Ble Shri Justice Sushil M. Ghodeswar4 pages

2025:BHC-AUG:26975 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CRIMINAL APPEAL NO. 720 OF 2025 SANJAY KISAN BHAVAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.A.Y.Pandule, Advocate for the appellant.

Mr.S.B.Jadhav, APP for the respondent/State.

( CORAM : SUSHIL M. GHODESWAR, J. ) DATE : 29 SEPTEMBER 2025 PER COURT :

1.

The learned Advocate for the appellant submitted that son of the appellant is expired on 20.09.2025. At that time, though he had prayed for cancellation of bail, but he could not attend the funeral of his son as he was unable to bear the expenses towards escort due to his poor financial condition.

2.

Today, he submitted that there are certain rituals as regards the death of his son and he has to attend the same. He submitted that period of 1 week from today is sufficient for performing those rituals and he also ensured this Court that he will surrender before the Jail

- 2 - Authorities on 06.10.2025 at 11.00 a.m.

3.

Since there is urgent contingency for grant of temporary bail in order to perform the rituals of deceased son of the appellant, therefore this Court is considering the request of the appellant. However, the learned APP has strongly opposed the grant of temporary bail. He states that the temporary bail should be permissible alongwith the escort from the Jail Authorities only, and for that purpose, the appellant is required to bear the expenses towards the escort. 4.

The learned Advocate for the appellant has submitted that the appellant is a poor agriculturist, and therefore unable to bear such expenses. Moreover, the death of his son has already caused him lot of trauma.

5.

Since the learned Advocate for the appellant has assured this Court that he shall surrender with the jail authorities on 06.10.2025 by 11.00 a.m., therefore his application requires consideration. Hence I pass the following order :-

- 3 -

O R D E R

[A] The appellant Sanjay Kisan Bhavar be released in Crime No.122/2025 registered with Ashti Police Station, Tq.Ashti, Dist.Beed for the offence punishable under Sections 103(1), 189(2), 189(3), 191(2), 190 of the B.N.S. 2023 r/w Sections 3(2)(va), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on temporary bail on his furnishing PR bond of Rs.15,000/- and two solvent sureties of like amount. The appellant shall surrender before the Jail Authorities on 06.10.2025, by 11.00 a.m. without fail.

[B] During his release on temporary bail, he shall attend the Nagar Taluka Police Station on everyday by 05.00 p.m., and shall not try to contact or pressurize the witnesses or the informant, in any manner whatsoever.

[C] The appellant shall give his mobile number and present residential address to the Investigating Officer. [D] The appellant shall not disobey any of the above conditions. 6.

Since the prayer of temporary bail is granted and modified of the order passed by the learned Special Judge (Atrocity), Beed on

- 4 - 20.09.2025, the appeal is being disposed of in view of the above terms and conditions.

( SUSHIL M. GHODESWAR, J.)