Niwas Ananda Sawant v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3340 OF 2025 Niwas Ananda Sawant .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Ramnik Pawar a/w Amit Waykool, Mr. Parvej Nadaf, Mr. Dinesh Sonarlikar and Mr. Rahul Gupta, Advocate for the Applicant. Mr. Nitin B. Patil, A.P.P., for the Respondent - State. Ms. Rekha Musale, Advocate for the Intervenor. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.12.03 19:35:05 +0530 SHANTANU SHANKARSA DHUDUM DATE : 2nd DECEMBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.612 of 2024 registered with Karad City Police Station, Tal- Karad, District: Satara, for the offences punishable under Sections 307, 326, 302, 323, 143, 147, 148 and 149 of the Indian Penal Code, 1860 (for short, "IPC").

2.

It is prosecution's case that the deceased was murdered by the co-Accused and the Applicant on the ground that the deceased had circulated obscene photos of Accused No.5 through Speed Post to Shantanu S. Dhudum 1/4

the relatives of Accused No.5, and that some photos were also sent to the co-accused.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bar for more than one year and six months, there is no progress in the trial. The co-accused against whom similar allegations are made has been released on bail. The 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 the Applicant was part of the group who assaulted the deceased. Twenty Two injuries were found on the body of the deceased. The entire incident captured in the CCTV footage. The Applicant has removed the said CCTV footage to prevent recording of the said incidence. It shows active involvement of the Applicant in the crime, and requested to reject the application. 5.

I have heard all learned counsel, perused F.I.R. and documents produced on record.

6.

The allegations against the Applicant are that the Applicant has assaulted the deceased with fists and kick blows and he has removed the recording camera of CCTV footage to ensure that the incident was not recorded. In my view, the Applicant did not use any weapon to assault Shantanu S. Dhudum 2/4

the deceased. The Applicant is behind bar for more than one year and six months. He has no antecedents. Considering these facts, his further detention is not required, and I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.612 of 2024 registered with Karad City Police Station, Tal- Karad, District: Satara, on furnishing P.R. Bond in the sum of Rs.25,000/- 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 Karad City till recording of the evidence of the first informant, eye witnesses and prosecution witnesses.

v. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vi. The Applicant shall inform his latest place of residence and mobile number immediately after being released Shantanu S. Dhudum 3/4

and/or change of residence or mobile details, if any, from time to time to the Investigating Officer. 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.) Shantanu S. Dhudum 4/4