Satyawan Kisan Waghe v. State Of Maharashtra

78.BA.3425.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3425 OF 2024 Satyawan Kisan Waghe .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Siddhasen S. Yadav a/w. Ms. Rashmi P. Kolte, Advocates for Applicant.

 Mr. Mayur S. Sonavane, APP for Respondent - State of Maharashtra.

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CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 03, 2025 P.C.

:

1.

Heard Mr. Yadav, learned Advocate for Applicant and Mr. Sonavane, learned APP for Respondent - State of Maharashtra. 2.

Mr. Yadav seeks permission of the Court to mention the matter out of turn due to urgency and exigency expressed by him. 3.

Mr. Sonavane, learned APP appears for Respondent - State of Maharashtra. The Applicant seeks regular Bail wherein the Applicant is arraigned as Accused No.2. The indictment is under Section 302 of Indian Penal Code, 1860 wherein the prosecution case according to the Applicant is that Accused No.1 inflicted a blow with the stick on the head of the victim / deceased as a result of which the victim succumbed to his injuries. Allegation against Applicant is that he supplied the wooden stick to Accused No.1.

78.BA.3425.2024.doc 4.

Mr. Yadav has taken me through the FIR and would submit that Applicant is incarcerated for last seven years in jail and considering the role of Applicant as also the additional submission that Applicant is suffering from a serious chronic neurological disorder, this Court be pleased to consider his Bail Application. The age of the Applicant is about 40 years. He would also inform the Court that he has received these instructions from Applicant's wife. He would submit that Applicant has three children and he was the bread winner of the family and there is immense suffering.

5.

In view of the submissions made by Mr. Yadav, concerned Jail Hospital / Jail Superintendent is directed to obtain appropriate report from the State Civil Hospital after duly getting the Applicant examined by the concerned doctors at the Civil Hospital and submit the same before this Court within a period of two weeks from today. Report shall be submitted positively before the Court considering the exigency mentioned by Mr. Yadav.

6.

Mr. Sonavane shall ensure that this order is conveyed to the concerned Jail Authorities for compliance.

7.

Stand over to 17th January, 2025 at 10:30 a.m. To be placed under the caption 'For Directions'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.01.04 10:33:44 +0530 HARSHADA HANUMANT SAWANT