Ram Chandrakant Pawar v. The State Of Maharashtra
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5085 OF 2024 Ram Chandrakant Pawar ...Applicant
Versus
The State Of Maharashtra
...Respondent
------- Mr. Kunal Patil a/w Ms. Rajnandini Katkar i/b Mr. Gourav Shahane for the Applicant.
Dr. A. A. Takalkar APP for the State.
HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:
2025.11.20 18:55:33 +0530 -------
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
19th NOVEMBER, 2025.
P.C.
1.
By this application, applicant is seeking regular bail in Crime No.173 of 2023 registered with Madha Police Station, Solapur Rural Dist- Solapur for the offences punishable under Section 307, 120-B, 323, 506 read with 34 of the Indian Penal Code, 1860. 2.
It is the prosecution's case that accused no. 1 had love affair with accused no. 6 who is daughter of the deceased. It is alleged that father of accused no. 6 was opposing the love affair between them. Hence, applicant and co-accused assaulted the father of accused no. 6 with intention to kill him. Due to the assault, father of accused no. 6 was admitted in the hospital. He died after two years. Hence, Section
302 was added.
3.
It is contention of learned counsel for applicant that three of the co-accused have been released on bail including accused no. 1 who had motive to kill the deceased. The applicant is entitled for bail on principle of parity. Hence, requested to allow the application. 4.
It is the contention of learned APP that parity will not be applicable against the applicant as CDR produced on record shows that applicant had conversation with accused no. 1. If applicant is released on bail, he may threaten prosecution witnesses and requested to reject the application.
5.
I have heard both learned counsels, perused F.I.R. and documents produced on record.
6.
Accused nos. 1 and 6 and other co-accused have been released on bail, against whom serious allegations are leveled. Considering this fact, the applicant is entitled for bail on principle of parity. In view of above, I pass following order:
ORDER
I.
The application is allowed.
II.
The applicant be enlarged on bail in Crime No.173 of 2023 registered with Madha Police Station, Solapur Rural Dist- Solapur 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 attend the Court dates regularly. 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. 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.)