Omkar Hanmant Panhalkar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3659 OF 2025 Omkar Hanmant Panhalkar ...Applicant
Versus
The State of Maharashtra
...Respondent
.....
Mr. Ujwal Agandsurve a/w Mr. Maruti Sarkar, Advocate for the applicant.
Dr. A. A. Takalkar APP for the Respondent-State. .....
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
12th DECEMBER 2025 P.C.
1.
By this application, the Applicant is seeking regular bail in C.R. No.294 of 2024 registered with Borgaon Police Station, District: Satara, for the offences punishable under Sections 302, 143, 144, 147, 148, 149 & 201 of the Indian Penal Code, 1860 (for short, "IPC").
2.
It is prosecution's case that on 16th June, 2024 the deceased Rohidas was found on road in an injured condition. Hence, offence was registered against unknown person. In the investigation, it is revealed that the Applicant and co-accused assaulted the deceased Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.12.16 11:43:07 +0530 SAJAKALI LIYAKAT JAMADAR
with a wooden rod on the ground that the deceased had love affair with the sister of the Original Accused No.9 who is juvenile offender. 3.
It is contention of learned counsel for the applicant that the applicant is behind bar for more than one year. There is no progress in trial. The charge has not been framed. The prosecution's case is based on circumstantial evidence. The applicant has no antecedents. The other co-accused having similar allegations have been released on bail. Hence, the applicant is entitled for bail on the principle of parity and requested to allow the application. 4.
It is contention of learned APP that role attributed to the applicant as well as co-accused who are released on bail is different. The wooden rod used in the crime and clothes of the deceased are recovered at the instance of applicant. 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. The applicant is behind bar for more than one year. There is no progress in trial. It may take time to conclude the trial. The other co-accused having similar allegations have been released on bail. Hence, the applicant is applicant is
entitled for bail on the principle of parity. Considering these facts, his further detention is not required and I pass following order :
ORDER
(i) Application is allowed;
(ii) The Applicant be enlarged on bail in C.R. No.294 of 2024 registered with Borgaon 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 mark his attendance with the concerned police station as and when required (iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
(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.
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.)