Swapnil S/O Parshram Pawar v. The State Of Maharashtra, Thr. Pso, Ps, Washim City, Dist. Washim
2025:BHC-NAG:10860 1 / 4 32-ba 845-25 corrected
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO. 845 OF 2025 Swapnil Parashram Pawar Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. G.D.Kale, counsel for the applicant.
Mr.Anant Ghogare, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 07/10/2025 1) Heard.
2) By this application, the applicant has prayed for regular bail in Crime bearing No. 63 of 2025 registered at Washim Police Station, district Washim for the offence punishable under Sections 309(6), 310(2), 310(5) and 311 of the Bharatiya Nyaya Sanhita, 2023.
3) It is the case of the prosecution that on 09.01.2025, Vitthal Hazare, who is the maternal uncle of co-accused Vijay Gote, visited the office of Bhavesh Baheti, where he was working. Said Vitthal Hazare was directed to collect the cash of Rs.15,00,000/-. from Rohit Heda. On the date of
2 / 4 32-ba 845-25 corrected the incident, on 09.01.2025, the cash was collected and when they were proceeding on scooty, at that time, two unknown persons came there on motor bike and assaulted said Hazare by iron rod on his head. Dnyaneshwar Bais was riding the said vehicle. Due to the said assault, both were fell down. Accused persons snatched the bag containing the cash and then fled away. On the complaint lodged by Vitthal Hazare the crime came to be registered.
4) The learned counsel appearing for the applicant has stated that the applicant was not on the spot. He is not the assailant. His name is mentioned by one of the accused, Gote that he was also with them in the said conspiracy and the first informant is also arraigned as the co-accused. As the name of this applicant is disclosed during the custodial interrogation of the one of the co-accused which is inadmissible and the role attributed to this applicant is that there is recovery of one knife and Rs.5,00,000/- from his house. There is discrepancy in the statement made by the coaccused about the recovery. The one of the accused is already released on bail. Hence, prayed to release the applicant on bail.
5) Learned APP has opposed the application stating that there is recovery of Rs.5,00,000/- from this applicant. The role is attributed to this applicant is of conspiracy.
3 / 4 32-ba 845-25 corrected Considering the gravity of the offence, prayed to reject the application.
6) Heard both the sides.
7) Initially, the offence against two persons is registered. Thereafter, it was found that the first informant is also one of the accused who is maternal uncle of the coaccused and the crime came to be registered against the accused persons. It appears from the record that name of this applicant is disclosed during the custodial interrogation of the co-accused. Considering the discrepancies in the statement about the recovery, case is made out to release the applicant on bail. Hence, application is allowed. 8) Accordingly, I pass the following order:
i) Criminal application is allowed.
ii) Applicant- Swapnil Parshram Pawar be released on Corrected as per order dated 13.10.2025 bail in Crime bearing No. 63 of 2025 registered at Washim Police Station, district Washim for the offence punishable under Sections 309(6), 310(2), 310(5) and 311 of the Bharatiya Nyaya Sanhita, 2023, on his furnishing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.
4 / 4 32-ba 845-25 corrected iii] The applicant shall not in any way tamper with the prosecution evidence.
iv] The applicant shall not pressurize or threaten the prosecution witnesses.
v] The applicant shall co-operate the investigation officer.
The Criminal Application stands disposed of accordingly.
JUDGE