Prathmesh Rajesh Sankpal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3450 OF 2025 Prathmesh Rajesh Sankpal .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Ramnik Pawar a/w Mr. Amit Waykool, Mr. Parvej Nadaf and Mr. Dinesh Sonarlikar, Advocate for the Applicant. Dr. A. A. Takalkar, A.P.P., for the Respondent - State. PSI, Sandip Gurav, Mahatma Gandhi Chowk Police Station, Miraj, present.

----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.12.03 19:35:06 +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. 248 of 2020 registered with Mahatma Gandhi Chowk Miraj Police Station, District: Sangli, for the offences punishable under Sections 307, 341, 323, 506, 143, 144, 147, 148, 149, 120-B, 385 and 387 of the Indian Penal Code, 1860 (for short, "IPC") and Sections 4 with 25 of the Arms Act, 1959 and Section 3(1) (ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, Shantanu S. Dhudum 1/4

1999 (for short, "MCOC Act").

2.

It is prosecution's case that the Applicant and co-accused assaulted the first informant with sharp weapon with intention to kill him, as he was not giving amount for drinking liquor. It is alleged that the Applicant, on the say of co-accused assaulted with sharp weapon on the head of the deceased.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bar for around five years. Though charge is framed, there is no progress in the trial. The co-accused having similar allegations have been released on bail, hence the Applicant is entitled for bail on principle of parity, and requested to allow the application. 4.

It is contention of learned APP that the Applicant's role is on higher footing than the co-accused, as the Applicant has assaulted with sharp weapon on the head of the first informant with intention to kill him. The first informant had suffered grievous injuries due to said assault. The Applicant has one antecedents. If the Applicant is 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 F.I.R. and documents produced on record.

Shantanu S. Dhudum 2/4

6.

The Applicant is behind bar for around five years there is no progress in the trial. The co-accused involved in the crime have been released on bail. The Applicant is entitled bail on principle of parity. Considering these facts, I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.248 of 2020 registered with Mahatma Gandhi Chowk Miraj Police Station, District: Sangli, 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 remain present before the trial Court on each date unless exempted by the Trial Court.

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 Shantanu S. Dhudum 3/4

and mobile number immediately after being released 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