Sagarbhai @ Sagar Balu Adagale v. State Of Maharashtra

78_BA_4249_2024.docx Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4249 OF 2024 Sagarbhai @ Sagar Balu Adagale .. Applicant

Versus

The State Of Maharashtra .. Respondent ....................

 Mr. Rohan Barge, Advocate for Applicant.

 Ms. Rajeshree V. Newton, APP for State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 17, 2025 P. C.

:

1.

Mentioned out of turn at the time of rising of the Court. 2.

Heard Mr. Barge, learned Advocate for Applicant and Ms. Newton, learned APP for State.

3.

Applicant is indicted in an offence under Section 307 of the IPC and is incarcerated for the past 16 months. Prima facie perusal of the record and the chargesheet shows that role of the Applicant as attributed to him is to have injured the First Informant victim with a key-knife. The medical injury suffered by the victim is simple in nature as can be ascertained from the medical certificate appended at Page No.117 of the Application.

4.

Mr. Barge, learned Advocate for Applicant would inform the Court that 3 out of 6 accused have been enlarged on bail. Record further reveals that the assault happened in the quarrel between two

78_BA_4249_2024.docx groups of persons wherein group belonging to Applicant before me comprised of 10 to 15 persons. Learned Advocate for Applicant has fairly informed the Court that Applicant is having antecedents with respect to certain offences registered against him under Section 324 and other similar offences. Record of the case shows that assault took place due to a quarrel which ensued between the First Informant victim and one Amir Khan. Said quarrel annoyed Amir Khan and he in order to take revenge and settle score with First Informant called his friend i.e. present Applicant who alongwith his elder brother and other accused persons came on the spot and intervened in said quarrel which thereafter escalated in an assault between the parties. 5.

Considering incarceration of the Applicant for the past 16 months, Court is inclined to take up this matter on the next adjourned date for hearing. Prosecution shall take note of this. 6.

Learned APP shall take appropriate instructions about the specific role of the Applicant and apprise the Court on the next adjourned date.

7.

Stand over to 2nd April, 2025. To be listed on the Supplementary Board.

P.R. Rajput [ MILIND N. JADHAV, J. ]