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Bombay High CourtBA/4011/2024disposed off

Maroti Pandurang Tokalwad v. State Of Maharashtra

2026-01-20Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4011 OF 2024 Maroti Pandurang Tokalwad ...Applicant

Versus

The State of Maharashtra

...Respondent

_________________________________________________________________ Ms. Shubhangi Parulekar, Advocate for the Applicant. Mr. P. P. Jadhav, APP for Respondent-State.

PSI-Sunil Jagdale, Warje Malwadi Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 20th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in Crime No. 206 of 2023 registered with Warje Malwadi Police Station, District Pune, for the offences punishable under Sections 364, 307, 143, 147 and 149 of the Indian Penal Code 1860, Sections 37(1), 37(3) and Section 135 of the Maharashtra Police Act and Section 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999. 2.

It is prosecution's case that on 22nd May 2023, at about 2:00 a.m., the applicant along with the co-accused assaulted the nephew of the SHUBHADA SHANKAR KADAM first informant by fists and kick blows and further danced on his body with intention to kill him.

SHUBHADA SHANKAR KADAM Date: 2026.01.22 19:18:39 +0530

3.

It is contention of the learned counsel for the applicant that the applicant has been behind bars for more than 30 months. There is no progress in the trial. The applicant has no antecedent. It may take time to conclude the trial and requested to allow the application. 4.

It is contention of the learned APP that the applicant and coaccused kidnapped the nephew of the first informant and assaulted him with fists and kick blows, and they danced on his body with the intention to kill him. If the applicant is released on bail, he may abscond and threaten the prosecution witnesses. There are eyewitnesses to the incident and has requested to reject the application.

5.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. The applicant is behind bars for more than 30 months. The investigation is complete and charge-sheet has been filed. There is no progress in the trial. The applicant has no antecedents. Considering these facts, I pass the following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 206 of 2023 registered with Warje Malwadi Police Station, District Pune, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The application is allowed in the aforesaid terms and is accordingly disposed of.

6.

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.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)