Parth Sanjay Bhosale Thr Guardian Of Ccl Sanjay Ramchandra Bhosale v. The State Of Maharashtra Thr Shahupuri Police Station Satara

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4639 OF 2025 Parth Sanjay Bhosale Through Guardian of CCL Sanjay Ramchandra Bhosale

...Petitioner

Versus

The State of Maharashtra Through Shahupuri Police Station Satara

...Respondent

.....

Mr. Shrikant Panhale, Advocate for Petitioner. Mr. P. P. Deokar, APP for the Respondent-State. Mr. Vasim Momin i/by Mr. Sameer Kadam, Advocate for Respondent No.2.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

By this Petition, Petitioner is seeking regular bail in Crime No.154 of 2025 registered with Shahupuri Police Station, District Satara for the offences punishable under Sections 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and subsequently Sections 124(1) and 126(2) of the BNS a/w Section 4(25) of the Arms Act were invoked.

2.

It is prosecution's case that on 21th May 2025 at around 6:30 p.m., the Petitioner and co-accused assaulted the nephew of first Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.22 11:35:15 +0530 informant with sickle, wooden rod with intention to kill him on the SAJAKALI LIYAKAT JAMADAR

ground of old dispute. It is alleged that due to said assault, the wrist of right hand of the injured is completely damaged and his eye is also damaged.

3.

It is contention of learned counsel for Petitioner that at the time of incident the Petitioner was 17 years old. He is behind bar for more than six months. If he remained behind bar, his education life will be ruined and requested to allow the Petition. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that Petitioner has brutally assaulted the injured person when he was lying on the ground. In the said assault, wrist of right hand of injured has cut and his eye is totally damaged. If Petitioner is released on bail, he may again threaten the first informant and prosecution witnesses. Let him stayed in child institution and requested to reject the Petition. 5.

I have heard all the learned counsels, perused the FIR and documents placed on record. The main allegations are against the coaccused, who assaulted the first informant with sickle. The allegations against the Petitioner that he assaulted the first informant with wooden stump. The allegations of assault on eye and right hand wrist of the injured are against the co-accused. At the time of incident, the Petitioner was 17 years old. He is student. If he remained in child

institution, it will ruin his education life. This Court has called the report of the Superintendent of Child Care Institution. In the said report, the Superintendent has stated that the Petitioner has repentance about his act and there is progress in his behaviour. Considering these facts, I pass the following order :

ORDER

(i) The Petition is allowed;

(ii) The Petitioner be enlarged on bail in Crime No.154 of 2025 registered with Shahupuri 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 Petitioner shall attend the Trial Court dates, regularly.

6.

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

7.

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.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)