Harshad Suresh Patil v. The State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3346 OF 2025 Harshad Suresh Patil ...Applicant

Versus

The State Of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI ------- Mr. Yash Fadtare for the applicant Ms. Veera Shinde APP for the State by HARISH VITHAL CHAUDHARI Date:

2025.11.14 18:51:34 +0530 -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

13th NOVEMBER, 2025.

P.C.

1.

By this application, applicant is seeking regular bail in C.R. No. 274 of 2024 registered with Mandrup Police Station, District Solapur for offences punishable under Sections 310(2), 308(2), 140(2), 127(2) of Bhartiya Nyay Sanhita, 2023. 2.

It is the prosecution's case that on 13th August 2024 around 10.00 p.m., the first informant and his friend were going in their vehicle with two cows and their calves. At that time, applicant and coaccused assaulted them with wooden stick and with fist and kick blows and robbed Rs. 10,000/- and mobile phone and taken away two cows and their calves.

3.

It is the contention of learned counsel for applicant that coaccused against whom serious allegations are leveled have been released on bail. The allegations against the applicant are that he robbed the mobile phone and cash Rs. 10000/- from the first informant and his friend. The applicant has not participated in assault on the first informant and his friend. Hence, requested to allow the application.

4.

It is the contention of learned APP that applicant and coaccused robbed the first informant and his friend. They assaulted them and taken away Rs. 10,000/- mobile phone of the first informant. The mobile phone and weapon is recovered at the instance of the applicant. If applicant released on bail, he may abscond, threaten prosecution witnesses and requested to reject the application.

5.

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

6.

The allegations against the applicant are that he robbed the first informant and his friend. The co-accused against whom serious allegations are leveled have been released on bail. Hence, the applicant is entitled to be released on bail on the principle of parity.

He has no antecedents. Applicant is behind the bar for more than one year. It may take time to conclude the trial. 7.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I.

Application is allowed.

II.

Applicant be enlarged on bail in C.R. No. 274 of 2024 registered with Mandrup Police Station, District Solapur on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

III. Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

Applicant shall attend the police station as and when required.

8.

The application is allowed in the aforesaid terms and is accordingly 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.)