Balaji Shivaji Surwase v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2560 OF 2025 Balaji Shivaji Surwase ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO. 3156 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2560 OF 2025 Rahul Tanaji Patil ....Applicant
IN THE MATTER BETWEEN
Balaji Shivaji Surwase ...Applicant
Versus
The State of Maharashtra
...Respondent
IRESH MASHAL Mr. Jaydeep Mane, Advocate for the Applicant. Mr. D.V. Sutar a/w Ms. Shruti P. Ghodake, Mr. Shashank Chavan, Mrs. Reshma Adnaik, Ms. Rakshita Shinde for the Intervenor. Mr. P. P. Deokar APP for the State.
Digitally signed by IRESH MASHAL Date:
2025.11.11 17:32:12 +0530
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
4th NOVEMBER, 2025.
P.C.
1.
By this application, applicant is seeking regular bail in C.R. No. 294 of 2017 registered with Pangari Police Station, District Solapur for offences punishable under Sections 302, 307, 120(B),
147, 148, 149, 323 of the Indian Penal Code and under Sections 4(25) of Arms Act.
2.
It is the prosecution's case that on 24th November 2017, the applicant and co-accused assaulted the cousin and relative of the first informant with sickle, sword and wooden rod. In the said assault, the cousin and relative of the first informant have died. 3.
It is contention of learned counsel for the applicant that the applicant is behind bar for more than 8 years, yet trial is not concluded. The co-accused against whom similar allegations are levelled have been released on bail by this Court. Hence, the applicant is entitled to bail on principle of parity. 4.
It is contention of learned APP alongwith learned counsel for respondent no. 2 that the applicant had filed bail application before this Court, it was withdrawn on 10th June 2025 and after withdrawing the said application, on same day, without approaching the Trial Court, present application is filed. Learned APP further submitted that the applicant and co-accused threatened the approver in the Court premises on 16th October 2025. Learned APP further submitted that as the applicant has withdrawn his earlier bail application, he should have filed fresh bail application before the
learned Sessions Court seeking bail on the ground of change in circumstances. If applicant is released on bail, he may threaten the prosecution witnesses. The trial is in progress. Hence, requested to reject the application.
5.
I have heard all the learned counsels, perused F.I.R. and documents produced on record. The allegations against the applicant are that he alongwith other co-accused assaulted Krushna Patil, Manik Satpute and Sudam Chavan with sickle, sword, iron pipe and wooden rod. In the said assault, two persons have died. It appears from the record that admittedly the applicant had filed Bail Application bearing No. 1801 of 2025 before this Court, on 10th June 2025. The applicant withdrew this bail application by filing a praecipe and this Court (Coram: Ashwin D. Bhobe, J.) dismissed the bail application as withdrawn. Thereafter, present application is filed on 25th June 2025 after fifteen days of the withdrawal of earlier bail application. No liberty was taken to file fresh bail application.
Moreover, in the grounds of present bail application it is mentioned that the applicant is aggrieved by the orders of Sessions Court rejecting the bail application of the applicant by order dated 6th November 2024 below exhibit 168.
application which is withdrawn. In the present bail application, ground of parity is taken, the co-accused have been released on bail before 10th June 2025 i.e. before withdrawing earlier bail application. So same ground cannot be taken in present bail application though the applicant is claiming one of ground for long incarceration but after withdrawing the earlier bail application after fifteen days, the present bail application is filed. So after withdrawing earlier bail application, unless change in circumstances and without approaching the learned Sessions Court, fresh bail application filed on same grounds cannot be considered.
6.
In view of above, I pass following order:
O R D E R
(I) The application is rejected.
7.
In view of disposal of bail application, pending interim applications, if any, are disposed off as infructuous. (SHIVKUMAR DIGE, J.)