Aniket @ Zingya Sunil Shejwal v. The State Of Maharashtra And Another
2025:BHC-AUG:3210 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.2197 OF 2024 Aniket Zingya Sunil Shejwal Age: 27 years, Occu.: Labour R/o. Bhimnagar, Shirde, Tq. Rahata, District Ahmednagar ... Applicant
Versus
1. The State of Maharashtra Through Superintendent of Police District Ahmednagar.
2. The Police Inspector, Shirdi Police Station, District Ahmednagar ... Respondent ......
Mr. Avinash N. Barhate Patil, Advocte h/f Mr. Shaikh Majit, Advocate for Applicant Mr. P.K. Lakhotiya, APP for Respondents - State ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 04 FEBRUARY 2025 PRONOUNCED ON : 05 FEBRUARY 2025 ORDER :
1.
Applicant seeks grant of regular bail on account of his arrest in Crime No.0162 of 2023 registered at Shirdi Police Station, District Ahmednagar for offences punishable under Sections 307, 324, 323, 504, 506, 143, 147, 148. 149 of the Indian Penal Code (IPC).
{2} 2.
Learned counsel for the applicant submitted that the present application is a successive bail application. That, he was arrested in above crime on15.03.2023 and since then he is behind the bars. Now, investigation is over, and charge-sheet is also filed. He pointed out that, injury certificate placed on record shows that injuries suffered are simple in nature. That, nothing is further recovered or discovered at the instance of present applicant. The charges have not yet been framed, and therefore, there are no immediate prospects of the matter going for trial, it amounts to long incarceration, and there being no recovery at the instance of applicant, learned counsel seeks grant of bail. 3.
Learned APP strongly opposed the application on the ground that there is attempt to commit murder. That, applicant has bad antecedents. That, in the order passed by this Court on 19.06.2024, entire details are reflected. That, there is every possibility that he will commit a similar offense, if released on bail.
4.
Heard both the sides. Perused the papers. It seems that above crime is at the instance of one Ganesh Shankar Gondkar and on occurrence of 12.03.2023. He reported to the police that two to three years prior, the present applicant and his associates had assaulted him, a report of which was lodged at the Shirdi Police Station. Since then, the present applicant and his associates were annoyed with him. He reported
{3} that at around 5:30 p.m., while he and his friends were participating in the procession near Krishna Hotel, the present applicant and his friends, on account of staring, gave kicks and fist blows to him. He tried to run, but he caught hold by the present applicant and by taking out the knife kept at waist, he inflicted blow, but it was tried to be warded by causing injury on left eyebrow. His friends were also said to be assaulted. Injury certificates of informant as well as his friends, Ganesh Gondkar, Omkar Turkane and Sai Gondkar are placed on record. They sustained injuries that, according to medical experts, were caused by a knife and hard, blunt objects. The learned APP submitted that the applicant has a criminal record. Furthermore, the present crime was committed while an externment order was in force.
Taking such statement of learned APP into consideration, though injuries are reported to be simple in nature, taking into consideration the articles put to use, the site of injury and the previous order of this Court, and taking into consideration the track record of accused, this Court is not inclined to grant relief as prayed.
ORDER
Application is rejected.
ABHAY S. WAGHWASE, JUDGE S P Rane