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Bombay High CourtBA/3478/2025disposed off

Sriram Sanjay Ratnaparkhi v. The State Of Maharashtra

2025-12-12Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3478 OF 2025 Sriram Sanjay Ratnaparkhi ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO.3644 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 3478 OF 2025 Sarfaraz Ilahi Bagwan ...Orginal Complainant /Intervenor

IN THE MATTER BETWEEN :

Sriram Sanjay Ratnaparkhi ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ravindranath Patil, Advocate for the applicant. Mr. Afroz Mulla, Advocate for Intervener in I.A. Mr. P. P. Deokar APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

12th DECEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.255 of 2023 registered with Aundh Police Station, District Satara for the offences punishable under Sections 302, 307, 324, 141, 143, 147, 148, 149, 427, 435, 449, 450 and 120-B of the Indian Penal Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.16 11:43:06 +0530 SAJAKALI LIYAKAT JAMADAR

Code, 1860 (for short "IPC") r/w Section 3 of the Prevention of Damage to Public Property Act, 1984.

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 died. It is alleged that the applicant and co-accused arsoned the two wheelers and four wheelers standing in front of mosque and also pelted stones at the police jeep.

3.

It is contention of learned counsel for applicant that the applicant is behind bar around two years. Investigation is completed and charge-sheet has been filed. This Court has released the coaccused Sangram Mali on bail having the similar allegations. Hence, applicant is entitled for bail on the principle of parity and requested to allow the application.

4.

It is contention of learned APP along with learned counsel for Respondent No.2/Intervenor that fake video was circulated on social media. The applicant without confirming the veracity of the said video, started the riot. The applicant and co-accused attacked the mosque and assaulted the people gathered there. In the said assault, the deceased died. The applicant was part of the group. The role

attributed to the applicant is on higher footing than the co-accused, who is released on bail. If applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all the learned counsels, perused the FIR and documents placed on record. The role alleged to the applicant is that he along with co-accused assaulted the deceased and other persons by using wooden stick and metal zara and there is recovery at the instance of the applicant. The applicant is behind bar for more than two years. The role attributed to the co-accused Sangram Mali having similar allegations has been released on bail. Hence, the applicant is entitled for bail on the principle of parity. Considering these facts, I pass the following order :

ORDER

(i) 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 first

informant, witnesses or any person concerned with the case.

(iv) The applicant shall not enter into village where the incident happened till recording of evidence of the first informant and injured witnesses.

(v) The applicant shall attend the Trial Court dates, regularly.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

In view of disposal of Bail application, Interim Application is also disposed off accordingly.

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.)