Amol Arvind Kale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2043 OF 2025 Amol Arvind Kale ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

INTERIM APPLICATION NO.2976 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2043 OF 2025 Dr. Megha Pansare ...Applicant

IN THE MATTER BETWEEN :

Amol Arvind Kale ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

.....

Ms. Siddh Vidya a/w Mr. Virendra Ichalkaranjikar, Ms. Divya Maniar, Ms. Shalaka Karkar, Mr. Ramnik Pawar, Mr. Nagesh Joshi, Mr. Gururaj Rasal, Mr. Onkar Bajaj i/by Siddh Vidya and Associates for Applicant. Mr. Amit Singh, a/w Ms. Payal Shah i/by Abhay Nevagi and Associates for Intervenor/Respondent No.2.

Ms. Veera Shinde, APP for the Respondent No.1-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

14th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.39 of 2015 registered with Rajarampuri Police Station, Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.17 16:36:10 +0530 SAJAKALI LIYAKAT JAMADAR

District Kolhapur for the offences punishable under Sections 302, 307, 120(B), 109, 201 r/w Section 34 of the Indian Penal Code (for short "IPC") and Sections 3(1)/(25),(1B)(a), 5/27 of the Arms Act, 1959.

2.

It is prosecution's case that on 16.02.2015, deceased Govind Pansare and his wife were walking towards their house, at that time two bike-borne unknown assailants fired at them from a pistol and ran away. The injured Pansare and his wife were admitted in the hospital. Pansare succumbed to injuries and his wife survived. It is alleged that the applicant is one of the conspirator of present crime and he was present in Kolhapur on the day of incident. 3.

It is contention of learned counsel for applicant that applicant is behind bars for more than seven years. Out of 231 witnesses, only 29 witnesses are examined. The role attributed to the applicant is of conspiracy. It is alleged that the applicant was staying with co-accused Sharad Kalaskar at Sangita Lodge under false name in the year 2018, whereas the incident occurred in the year 2015 i.e. before three years. There is no relation between staying at Sangita Lodge and the murder of Pansare. The other co-accused against whom similar allegations are levelled i.e. Amit Degvekar, Vasudev Suryawanshi, Bharat Kurane, Sachin Andure have been released on

bail by this Court (CORAM : ANIL S. KILOR, J.). Hence, applicant is entitled for bail on principle of parity.

4.

It is contention of learned APP along with learned counsel for Respondent No.2 that applicant is one of the conspirators in present crime. He was staying with co-accused Sharad Kalaskar under a false name. He is member of Sanatan Sanstha and Hindu Janjagaran Samiti. He was in contact with accused No.2 Dr. Virendrasinh Tawade and absconding accused Sarang Akolkar (Kulkarni). Learned APP further submitted that during investigation, hand written diary of the applicant was seized, which includes the names of his associates from various states, mobile numbers and also about the planning of some offence i.e. making of bombs, firing, training of bomb explosion in code language. In the year 2011, the applicant had gone to Sendhwa, Madhya Pradesh along with coaccused Sachin Andure and purchased Pistol and Bullets. On the day of murder of Comrade Pansare, the applicant was present at Temblai Temple, Kolhapur along with accused No.2 - Dr. Virendrasinh Tawade. It shows his involvement in the present crime. Hence, requested to reject the application.

5.

I have heard all the learned counsels. The role attributed to the applicant is of conspiracy. The applicant is behind bar for around

seven years. It may take time to conclude the trial. This Court has released the co-accused on bail having similar allegations. Considering these facts, the applicant is entitled for bail on principle of parity.

6.

In view of above, I pass following order:

ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail in Crime No.39 of 2015 registered with Rajarampuri Police Station, District Kolhapur, on executing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

(iv) Liberty is granted to the State for cancellation of bail if the applicant breaches any condition or misuses the liberty or commits similar offence;

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 the

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

9.

In view of disposal of Bail Application, Interim Application does not survive and stands disposed off accordingly. 10.

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