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Bombay High CourtBA/3226/2025disposed off

Samarth Rajkumar Jadhav v. State Of Maharashtra

2025-10-07Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3226 OF 2025 Samarth Rajkumar Jadhav ...Applicant

Versus

State Of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 3169 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 3226 OF 2025 Suraj Ashokkumar Rathi ....Applicant

IN THE MATTER BETWEEN

Samarth Rajkumar Jadhav ...Applicant

Versus

IRESH MASHAL State Of Maharashtra

...Respondent

Digitally signed by IRESH MASHAL Date:

2025.10.08 19:18:38 +0530 Mr. Vikrant Phate for the applicant Mr. Himanshu Pujari for the intervener Mr. S. S. Chaudhari APP for the State

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

7th OCTOBER, 2025.

P.C.

1.

By this application, applicant is seeking regular bail in Crime No. 394 of 2024 registered with Shivaji Nagar Police Station,

District Kolhapur for offences punishable under Sections 307, 323, 506 read with 34 of the Indian Penal Code.

2.

It is the prosecution's case that on 13th May 2024, applicant and co-accused assaulted the first informant with sharp weapon with intention to kill him on the ground of old dispute. 3.

It is the contention of learned counsel for applicant that applicant is behind bar for more than one and half year. Investigation is completed and charge-sheet has been filed. This Court has released co-accused on bail. The applicant is entitled for bail on principle of parity.

4.

It is the contention of learned APP and learned counsel for the intervener that applicant and co-accused assaulted the first informant with sickle on his head with intention to kill him. The injuries suffered by the first informant are grievous in nature. The first informant and the applicant stay in the same locality. Applicant has antecedents. If applicant is released on bail, he may threaten the first informant prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all the learned counsel, perused F.I.R. and documents produced on record. Applicant is behind bar for more than

one year and six months. Investigation is completed and charge-sheet has been filed. This Court has released co-accused Pranav Mankar on bail against whom same allegations are levelled. The applicant is entitled for bail on the principle of parity. 6.

In view of above, I pass the following order:

O R D E R

I.

The Application is allowed.

II.

The Applicant be enlarged on bail in Crime No. 394 of 2024 registered with Shivaji Nagar Police Station, District Kolhapur 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 not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

The applicant shall not enter in Hatkanangale Taluka till recording of evidence of the first informant and eye witnesses.

V.

The Applicant shall attend the Trial Court dates, regularly.

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 No. 3169 of 2025 stands disposed of accordingly. 10.

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