Asha Dinesh Pandhare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3645 OF 2025 Asha Dinesh Pandhare ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Sachin Madhav Bhavar, Advocate for applicant. Mr. S. H. Yadav, 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.663 of 2024 registered with Karmala Police Station, District Solapur (Rural) for the offences punishable under Sections 103 (1), 189(2), 190, 191(2), 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS").

2.

It is prosecution's case that on 9th October 2024, the applicant and co-accused assaulted the first informant and his mother. Due to assault by the applicant and co-accused, mother of first informant died.

3.

It is contention of learned counsel for applicant that the incident occurred in sudden provocation. The applicant had no Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.16 11:43:03 +0530 intention to kill the mother of first informant. The applicant is behind SAJAKALI LIYAKAT JAMADAR

bar for more than one year. There is no progress in trial. The applicant is lady. It may take time to conclude the trial. Hence, requested to allow the application.

4.

It is contention of learned APP that the incident was witnessed by the first informant. In his presence, the applicant and co-accused Rani assaulted his mother and due to said assault, she died. If applicant is released on bail, she may threaten the prosecution witnesses and first informant. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. It appears from record that the incident happened suddenly. No weapon is used while assaulting the mother of first informant. The applicant is behind bar for more than one year. She is lady. She has no antecedents. Considering these facts, I pass following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.663 of 2024 registered with Karmala Police Station, District Solapur (Rural), 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 prosecution witnesses or any person concerned with the case.

(iv) Applicant shall attend the Trial Court dates, regularly.

6.

The application 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.)