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Bombay High CourtBA/3604/2025disposed off

Arjun Hanmant Pawar v. The State Of Maharashtra

2025-12-18Hon'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. 3604 OF 2025 Arjun Hanmant Pawar ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Ms. Priyanka K. Tawade h/f Mr. R.M. Mane a/w Ms. Salma Nadaf, for Applicant.

Dr. A. A. Takalkar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th DECEMBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.93 of 2024 registered with Vishrambag Police Station, District:Sangli for the offences punishable under Sections 302, 307, 143, 144, 147, 148, 149, 504 & 506 of the Indian Penal Code, 1860 (for short "IPC") and Sections 4 & 25 of the Arms Act and under Section 135 of the Maharashtra Police Act.

2.

It is prosecution's case that on 14th March, 2024, the applicant and co-accused assaulted the friend of first informant with knife, sword, hockey sticks as well as wooden stump and murdered the friend of first informant.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.22 11:35:16 +0530 SAJAKALI LIYAKAT JAMADAR

3.

It is contention of learned counsel for applicant that the main allegations are against the co-accused. The allegations against the applicant are that the applicant was present at the incident spot. But allegations of assault with sword and knife are against the coaccused. The allegations against the applicant are that he assaulted the first informant and his friend with the wooden stump. The applicant is behind bar for around one year and nine months. Investigation is completed and 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 applicant was part of the group which assaulted the friend of first informant and first informant. In the said assault, the injured died but the first informant has suffered grievous injuries. The applicant has two antecedents. If applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record. In the complaint, no name of the applicant is mentioned, but in investigation, it revealed that the applicant was holding stone in his hand at the time of incident he assaulted with stone. The main allegations are against the co-accused,

who stabbed the deceased with knife and sword. The death of deceased caused due to stab injury. To prove common intention, evidence is required. The applicant is behind bar for more than one year and nine months. There is no progress in trial. Considering these facts, his further detention is not required. 6.

In view of the above, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.93 of 2024 registered with Vishrambag Police Station, District:Sangli, 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 witnesses or any person concerned with the case. (iv) Applicant shall attend the Trial Court dates, regularly.

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.)