Prathamesh Ramesh Mane v. State Of Maharashtra

54-BA-620-24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 620 OF 2024 Prathamesh Ramesh Mane ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. R. S. Rajrantna, Advocate for Applicant. Mrs. Priyanka S. Rane, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.

DATED:- 11th JULY, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 284 of 2022, registered with Shahapur Police Station, District: Kolhapur for the offences punishable under Sections 143, 147, 149, 307, 326, 324 and 506 of Indian Penal Code (for short 'IPC').

3) The learned Counsel for the applicant submitted that the applicant is in jail from 21 months and during this period, charge-sheet has been filed and hence, further custody of the applicant is not 1/2 Sayali Upasani

54-BA-620-24.DOC necessary. It is submitted that in the statement of one of the witnesses it has come on record that the applicant was standing at the spot of the incident but no overt act is attributed against the applicant. He further submitted that if the allegations are considered with the injuries caused, it creates doubt about the prosecution story. He therefore submits that as further custody of the applicant is not necessary, the applicant may be released on bail.

4) Having considered and gone through the charge-sheet and the material collected by the Investigating Officer, it is evident that all the accused persons formed an unlawful assembly and they went with weapons i.e. sickle and committed the alleged offences. A specific role is attributed to the applicant by the witnesses. The witnesses have stated that the applicant inflicted a blow by sickle on the mother of the informant and the injury certificate of the mother of the informant prima facie supports the said case of the prosecution. 5) Thus considering the incriminating material collected by the Investigating Officer during the investigation against the applicant and the seriousness of the offence, I am not inclined to grant bail. 6) Accordingly, the application is rejected.

[ANIL S. KILOR, J.] 2/2 Sayali Upasani