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Bombay High CourtBA/2018/2025disposed off

Charshittya Bhima Shinde And ANR v. State Of Maharashtra

2025-09-22Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2018 OF 2025

1. Charshittya Bhima Shinde

2. Shrinath Subhash Pawar

3. Vishnu Subhash Pawar ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Sukumar Ghanavat for Applicants.

Mr. S. S. Chaudhari, APP for the Respondent-State. API Mr. Kolekar, Kavathemahakal Police Station, present. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

22nd SEPTEMBER 2025 P.C.

1.

Leave to amend the names of Applicant No.2 & 3 in cause title. Leave granted. Amendment be carried out forthwith. 2.

Learned counsel for the applicants on instructions seeks leave to withdraw this application qua applicant No.1 with liberty to file a fresh bail application after four months. 3.

Considering the submissions of learned counsel for the applicant, application is allowed to be withdrawn for applicant No.1. 4.

The learned counsel for the applicant Nos.2 and 3 are seeking regular bail in C.R. No.335 of 2024 registered with Kavateahankal Police Station, District Sangli for the offences under Sections Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.29 19:39:43 +0530 310(2) and 311 of the of the Bharatiya Nyaya Sanhita. SAJAKALI LIYAKAT JAMADAR

5.

It is prosecution's case that in the intervening night of 27th July 2024 to 28th July 2024, the applicants and co-accused robbed the first informant's house and other witnesses house and made dacoity and robbed the amount of 3,46,600/- by threatening and assaulting first informant and other witnesses.

6.

It is contention of learned counsel for the Applicant Nos.2 & 3 that the applicants have been falsely implicated in this case. There is no recovery at the instance of applicants. They are behind bar for more than one year. Though charge is framed, there is no progress in trial. No test identification parade has been conducted. Hence, requested to allow the application.

7.

It is contention of learned APP that the applicants and coaccused made dacoity in the houses of first informant and other witnesses and robbed the gold ornaments and cash amount by threatening and assaulting the first informant and other witnesses. If applicants are released on bail, they may absdond or threaten the first informant or prosecution witnesses. Hence, requested to reject the application.

8.

I have heard both learned counsels, perused the FIR and documents on record. The applicant Nos.2 & 3 are behind bar for more than one year. There is no recovery at their instance. The

applicant Nos.2 & 3 have no antecedents. Considering these facts, their further detention is not required.

9.

In view of the above, I pass the following order :

ORDER

(i) Application is partly allowed;

(ii) The applicant Nos.2 and 3 be enlarged on bail in C.R. No.335 of 2024 registered with KavateMahankal Police Station, District Sangli, on executing P.R.Bond in the sum of Rs.30,000/- each with one or two sureties in the like amount.

(iii) The applicants shall not tamper with the evidence or shall not attempt to influence or contact the first informant or witnesses or any person concerned with the case.

(iv) Applicants shall attend the Trial Court dates, regularly.

10.

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

11.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

12.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)