Ramesh @ Sham Mallesham Guntuk v. State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1600 OF 2025 Ramesh @ Sham Mallesham Guntuk ...Applicant

Versus

State Of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.10.06 16:07:53 +0530 ------- Mr. Ritesh Thobde a/w Mr. Changdev Shingade, Mr. Mervin Bardeskar, Mr. Darshan Singh Rajput for the applicant Mr. N. B. Patil APP for the State ------- CORAM :

SHIVKUMAR DIGE, J.

DATE :

30th SEPTEMBER, 2025 P.C.:

1.

By this application, applicant is seeking regular bail in Crime No. 194 of 2024 registered with Valsang Police Station, District Solapur for the offences punishable under Sections 302, 341, 120(B) read with 34 of the Indian Penal Code. 2.

It is the prosecution's case that on 27th April, 2024 at around 11.45 p.m., the son of first informant was assaulted by four unknown persons with knife and sharp weapon. In the said assault, he died on the spot. In the investigation, it revealed that the applicant and co-accused assaulted the deceased on the 1/4

ground of repayment of borrowed amount.

3.

It is the contention of learned counsel for the applicant that the main allegations of assault are made against the accused nos. 1 and 3. There are no allegations against the applicant of assault to the deceased. Applicant is behind bar more than one year. Investigation is completed. Charge-sheet has been filed. Further detention of the applicant is not required. Hence, requested to allow the application. 4.

It is the contention of learned APP that the applicant and co-accused assaulted the deceased with knife and sharp weapon and murdered him. The applicant was part of group, who assaulted the deceased. Applicant had conspired to kill the deceased. If the applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both the learned counsel. Perused the FIR and documents produced on record.

6.

In the supplementary statement of the first informant, the main allegations of assault to the deceased with knife and sharp weapons are against the co-accused i.e. accused nos. 1 and 3. 2/4

The allegation against the applicant is that he was present at the time of incident. Applicant is behind bar more than one year. Investigation is completed. Charge-sheet has been filed. Considering these facts, further detention of the applicant is not required. Hence, I passe the following order :

O R D E R

I.

The application is allowed.

II.

The applicant be enlarged on bail in Crime No. 194 of 2024 registered with Valsang Police Station, Solapur Rural on executing P. R. Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount.

III. The applicant shall attend the Trial Court dates, regularly.

IV. The applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide 3/4

the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 9.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 4/4