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Bombay High CourtABA/2313/2025allowed

Pravin @ Papya Sambhaji Mane v. The State Of Maharashtra

2025-09-30Hon'Ble Shri Justice Shivkumar Dige4 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2313 OF 2025 Pravin @ Papya Sambhaji Mane ...Applicant

Versus

The State Of Maharashtra

...Respondent

------- Mr. Tejas Hilage for the applicant Mr. A. S. Shalgaonkar APP for the State ------- HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.10.01 17:30:05 +0530 CORAM :

SHIVKUMAR DIGE, J.

DATE :

30th SEPTEMBER, 2025 P.C.:

1.

By this application the applicant is apprehending arrest in crime no. 297 of 2024 registered with Vadgaon Police Station Dist- Kolhapur for the offences punishable under Sections 307, 143, 147, 148, 149, 323, 336 and 120B of the Indian Penal Code, 1860 and under Section 135 of the Motor Vehicle Act, 1988.

2.

It is prosecution's case that the applicant and co-accused assaulted the first informant with intention to kill him. The allegations against the applicant are that he assaulted the witness Akshay Mane with iron rod and seriously injured him. 1/4

3.

It is the contention of learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant was not present at the time of incident. In the CCTV footage, it shows that the applicant was present in the police station. The statement of witness Akshay Mane is recorded by the police. In the said statement, he has not stated anything against the applicant. Hence, requested to allow the application. 4.

It is the contention of learned APP that the applicant has antecedents. The CCTV footage was produced before the Trial Court and in the said CCTV footage, the applicant was seen at the time of incident. The externment order is passed against the applicant. There are specific allegations against the applicant. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application. 5.

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

6.

The allegations against the applicant are that he assaulted the witness Akshay Mane with iron rod. The statement of witness Akshay Mane shows that he has not alleged anything against the applicant. Considering these facts, custodial 2/4

interrogation of the applicant is not required and I pass following order :

O R D E R

I.Application is allowed II.

In the event of arrest, applicant be enlarged on bail in C.R. No.297 of 2024 registered with Vadgaon Police Station, Dist. Kolhapur on furnishing 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 concerned police station as and when required.

IV.

The applicant shall not enter in Kolhapur District till framing of charge except attending the Court dates.

V.

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

7.

Application is disposed off in the above terms. 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 authenticated copy of this order. [SHIVKUMAR DIGE, J.] 4/4