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Bombay High CourtABA/2427/2025disposed off

Akshay Pandharinath Suryavanshi And ANR v. State Of Maharashtra

2025-12-18Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2427 OF 2025

1. Akshay Pandharinath Suryavanshi

2. Shubham Shivam Pandharinath Suryavanshi ...Applicants

Versus

State of Maharashtra

...Respondent

.....

Mr. Shailesh Chavan (Through V.C.) a/w Mr. Sujit Nikam, Advocate for Applicant.

Mr. Nitin. B. Patil, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

Heard learned counsel for applicant and learned APP for the Respondent-State.

2.

Learned counsel for the applicant submits that the applicant No.2 has surrendered before the Police. Hence, he is not pressing the relief for Applicant No.2.

3.

The Applicant No.1 is apprehending arrest in Crime No.296 of 2025 registered with Koregaon Police Station, Dist. Satara for the offences punishable under Sections 190, 191(3), 191(2), 115(2), 118(1), 118(2) of the Bhartiya Nyaya Sanhita, 2023. 4.

It is prosecution's case that on 9th October 2025, the applicant and co-accused assaulted the first informant with wooden Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.22 11:35:16 +0530 SAJAKALI LIYAKAT JAMADAR

rod and iron rod on his leg. Due to said assault, there is fracture of right leg fibula of the first informant.

5.

It is contention of learned counsel for applicant that due to assault by the applicant No.2 - Shubham, the fracture caused to the first informant. The allegations against the applicant that he assaulted on the right leg on the first informant with wooden stick, but no injury caused to the first informant by the said assault. The police has recovered all the weapons used in the crime. Investigation is almost completed. Considering the allegations against the applicant, his custodial interrogation is not required and requested to allow the application.

6.

It is contention of learned APP that applicant and coaccused assaulted with wooden rod and iron rod on the leg of the first informant. Due to said assault, the first informant has grievously injured and there is fracture to his leg. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application.

7.

I have heard both the learned counsels, perused the FIR and documents placed on record. The allegations against the applicant that he assaulted on the right leg of the first informant. The same allegations are against the accused/applicant No.2 - Shubham

Suryavanshi and he has surrendered before the police. The fracture injury caused to the first informant is appears by the assault of Shubham Suryavanshi. Considering these facts, custodial interrogation of the applicant No.1 is not required and I pass following order :

ORDER

(i) The Application is partly allowed;

(ii) The application qua applicant No.2 is not pressed; (iii) In the event of arrest, the applicant No.1 be enlarged on bail in Crime No.296 of 2025 registered with Koregaon Police Station, Dist. Satara, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iv) The applicant No.1 shall attend the concerned police station as and when required.

8.

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

9.

It is made clear that the above observations are made only for the purpose of granting anticipatory 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. 10.

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