Yogesh Gulab Shivtare 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. 3418 OF 2025 Yogesh Gulab Shivtare ...Applicant

Versus

State of Maharashtra

...Respondent

------ Mr. Amit Icham (Through V. C.) for the Applicant. Mr. A. S. Shalgaonkar, APP for the Respondent-State. ------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

13th OCTOBER, 2025.

P.C.

1.

By this application, applicant is seeking regular bail in crime no.227 of 2024 registered with Shirwal Police Station, Satara for the HARISH VITHAL CHAUDHARI offences punishable under Sections 307, 324, 323, 143, 147, 148, by HARISH VITHAL CHAUDHARI Date:

2025.10.15 12:54:05 +0530 149, 504 and 506 of the Indian Penal Code, 1860. 2.

It is prosecution's case that on 26th June, 2024 at around 11.30 p.m., the applicant and co-accused assaulted the first informant and his friend with wooden stick and iron rod with intention to kill them on the ground of old dispute.

3.

It is the contention of learned counsel for the applicant that the

applicant is behind bar more than 1 year. There is no progress in trial. The co-accused against whom same allegations are leveled, have been released on bail. Investigation is completed. Charge-sheet has been filed. It may take time to conclude the trial. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant and coaccused assaulted the first informant and his friend with wooden rod and iron rod with intention to kill them. The main allegations are against the applicant. The nature of injuries suffered by the injured witness Sagar are grievous injuries. Applicant has antecedents. If the applicant released on bail, he may threaten the first informant and the prosecution witnesses. Hence, requested to reject the application. 5.

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

6.

The allegations against the applicant are that he and co-accused abused and assaulted the first informant and his friend with wooden rod with intention to kill them. There is no progress in trial. The coaccused have been released on bail against whom same allegations are made. Investigation is completed. Charge-sheet has been filed. It may take time to conlude the trial. 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.227 of 2024 registered with Shirwal Police Station, 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. 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.)