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Bombay High CourtBA/3337/2025disposed off

Ajit Ananda Sawant v. The State Of Maharashtra

2025-10-08Hon'Ble Shri Justice Shivkumar Dige4 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3337 OF 2025 Ajit Ananda Sawant ...Applicant

Versus

The State Of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.10.10 20:02:14 +0530 WITH INTERIM APPLICATION NO.3161 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 3337 OF 2025 Ramesh Raghunath Barge ...Applicant

Versus

The State Of Maharashtra

...Respondent

------- Mr. Ramanik Powar a/w Samadhan V. Mahamulkar , Rahul H. Gupta, Parvej Nadaf, P. Jagdale, Shubhangi Kadam & Pankaj Mane for the Applicant.

Ms. Rekha Musale, for the Intervenor.

Mr. A. S. Shalgaonkar, APP for the Respondent-State. PI Rajesh P. Mali, Karad City Police Station. ------- CORAM :

SHIVKUMAR DIGE, J.

DATE :

8th OCTOBER, 2025 P.C.:

1.

By this application, applicant is seeking regular bail in crime No. 621 of 2024 registered with Karad City Police Station, District-Satara for the offences punishable under Sections 307, 1/4

326, 302, 323, 143, 147, 148 and 149 of the Indian Penal Code, 1860.

2.

It is prosecution's case that applicant and co-accused assaulted the deceased to murder on the ground that the deceased had circulated the obscene photos of accused no. 4. 3.

It is contention of learned counsel for the applicant that there is no role attributed to the applicant. The deceased was killed by mob. Applicant is behind bar more than 17 months. There is no progress in trial. Applicant has no antecedents. Hence, requested to allow the application.

4.

It is contention of learned APP along with learned counsel for the intervenor that applicant and co-accused brutally assaulted the deceased to death. Applicant was seen in the CCTV footage assaulting the deceased. The witness Sachin Sawant has stated that the applicant was kicking the deceased. If the applicant released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

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

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6.

It appears from the record that the main allegations are against accused nos. 4 and 5. In the statement of witness Sachin Sawant he has stated that he had seen that the applicant was kicking the deceased, who was lying on the road. The allegations against the applicant that he was kicking the deceased. Applicant is behind bar more than 17 months. though charge is framed, there is no progress in trial. Applicant has no antecedents. Considering these facts, further detention of applicant is not required and I pass following order:

ORDER

(i) Application is allowed.

(ii) The applicant be enlarged on bail in crime No. 621 of 2024 registered with Karad City 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 attend the Court dates regularly.

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

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7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

In view of disposal of Bail Application, pending Interim Application does not survive and stands disposed off. 9.

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. 10.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 4/4