Shivaji Prakash Kate v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3273 OF 2025 Shivaji Prakash Kate ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Vishal Laxman Kolekar a/w Mr. Amol Anant Chikane, for Applicant.

Ms. P.S. Rane, APP for the Respondent-State.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

26th SEPTEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.266 of 2024 registered with Koregaon Police Station, District Satara for the offences punishable under Sections 307, 452, 324, 323, 143, 147, 148, 149, 506 of the Indian Penal Code 1860 (for short "IPC").

2.

It is prosecution's case that on 16th June, 2024 at around 12:30 p.m., the applicant and co-accused assaulted the first informant and his son with sword and iron rod with intention to kill them. It is alleged that the applicant has assaulted on the head of son of the first informant with sword.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.29 20:03:50 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that applicant is behind bar for more than three months. Investigation is completed and charge-sheet has been filed. The injuries suffered by the son of the first informant are simple in nature. The applicant has no antecedent. Hence, requested to allow the application. 4.

It is contention of learned APP that applicant along with 10 co-accused assaulted the first informant and his son with sword, iron rod and other weapons with intention to kill them. The son of first informant has suffered various injuries. If applicant released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsels, perused the FIR and documents produced on record. The allegations against the applicant are that he assaulted on the head of son of the first informant with sword. The injury certificate produced on record shows that the injuries suffered are simple injuries. Whether applicant had intention to kill the first informant and his son is part of evidence. The applicant is behind bar for more than three months. Investigation is completed and charge-sheet has been filed. Considering these facts, his further detention is not required.

6.

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

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.266 of 2024 registered with Koregaon Police Station, District Satara, 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 first informant, witnesses or any person concerned with the case.

(iv) 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.

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