Parikshit S/O Prakash Maraskolhe v. The State Of Maharashtra Through Ps Gattikhadan Nagpur
2025:BHC-NAG:2751
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.32 OF 2025 (Parikshit s/o Prakash Maraskolhe Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Rakhi Sarkar, Advocate for the applicant.
Mrs. H.N. Prabhu, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- MARCH 18, 2025.
By this application, the applicant is seeking bail as he came to be arrested on 05/06/2024 in connection with Crime No.418/2024 registered with Police Station Gittikhadan, Nagpur, District Nagpur for the offences punishable under Sections 326, 143, 147, 504 and 506 read with Section 149 of the Indian Penal Code. 2.
As per the allegation levelled against the present applicant, on 03/06/2024 there was hot exchange of words between the informant and the present applicant and other co-accused. On that count, the present applicant has pelted a stone towards him due to which he sustained the injury. On the basis of the said report, police have registered the crime against the present applicant. 3.
Learned Counsel for the applicant submitted that the investigation is now completed but charge-sheet is yet to be filed. Considering that the injuries sustained by the injured are of simple in nature and he is already discharged from the hospital. There is no apprehension of
any complication regarding the injuries hence, the applicant be released on bail.
4.
Learned APP strongly opposed the application and submitted that the applicant is having a criminal background. He is already convicted in one of the offence. If he is released on bail, he would involve in similar type of the offence. In view of that, the application deserves to be rejected. She further raised ground that there are eye-witnesses to the said incident which shows the involvement of the present applicant in the alleged incident.
5.
I have heard learned Counsel for both the sides. Perused the investigation papers. The involvement of the present applicant reveals from the statements of the eye-witnesses. The injury certificate is also on record which shows that the injured has sustained three injuries. It also reveals that the injured is no discharged from the hospital. There is no apprehension of death as far as the injuries sustained by him are concerned. Now, investigation appears to be completed, further incarceration of the present applicant is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order: (i) The application is allowed.
(ii) The applicant - Parikshit s/o Prakash Maraskolhe in connection with Crime No.418/2024 registered with Police Station
Gittikhadan, Nagpur, District Nagpur for the offences punishable under Sections 326, 143, 147, 504 and 506 read with Section 149 of the Indian Penal Code, be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
(iv) The applicant shall not indulge himself in criminal activities.
(v) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
(vi) The applicant shall not enter into the jurisdiction of Gittikhadan police station till culmination of the trial.
6.
The contravention of any of the condition would lead to the cancellation of bail.
7.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya