Sangram Dadasaheb Mali 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. 3352 OF 2025 Sangram Dadasaheb Mali ...Applicant

Versus

The State Of Maharashtra

...Respondent

------- Mr. Swaraj Jadhav, a/w Mr. Wasim Pathan i/b Mr. Anandrao Kale Advocate for the Applicant.

Ms. P. S. Rane APP for the State HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.11.14 18:51:35 +0530 -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

13th NOVEMBER, 2025.

P.C.

1.

The applicant is seeking regular bail in Crime No. 255 of 2023 registered with Aundh Police Station, District Satara for offences punishable under Sections 302, 307, 324, 141, 143, 147, 149, 427, 435, 449, 450 of the Indian Penal Code and Section 3 of Prevention to Damage to Public Property Act.

2.

It is the prosecution's case that on 10th September 2023 at around 8:45 p.m., the applicant and co-accused assaulted the first informant and other persons from his community with stone, wooden sticks and zara. In the said assault Nurulhasan Shikalgar is died. It is alleged that the applicant and co-accused arson two wheelers and

four wheelers standing in front of mosque and also pelted stone on the police jeep.

3.

It is contention of learned counsel for applicant that there are total 37 accused. Applicant is behind bar around 2 years. Investigation is completed, charge-sheet has been filed. The coaccused Nitin Veer against whom similar allegations are leveled, has been released on bail. Hence, applicant is entitled for bail on principle of parity.

4.

It is contention of learned APP the allegations against the applicant and co-accused Nitin Veer are on different footing as lighter used in the crime is seized at the instance of the applicant. If the applicant released on bail he may threaten the prosecution witnesses and requested to reject the application.

5.

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

6.

The applicant is behind bar around 2 years. There is no progress in trial. The allegations against the co-accused Nitin Veer and the applicant are similar. Hence, The applicant is entitled for bail on principle of parity. Considering these facts, I pass following order:

O R D E R

I.

The application is allowed.

II.

The applicant be enlarged on bail in Crime No. 255 of 2023 registered with Aundh 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 witnesses or any person concerned with the case.

IV.

The applicant shall attend the police station as and when required.

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.)