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Bombay High CourtBA/4668/2024allowed

Swapnil Bhau Kajale v. The State Of Maharashtra

2025-04-22Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4668 OF 2024 Swapnil Bhau Kajale ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Zaid Qureshi a/w A. Mishra, Mr. Anuj Singh, Ms. Ayesha Patel and Ms. Shivani Dixit i/by Mr. Hulyalkar and Associates, Advocate for the Applicant.

Mr. T. G. Khan, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE : 22nd APRIL, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.136 of 2024 registered at Vadgaon Maval Police Station, District : Pune Rural, for the offences punishable under Sections 307, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC').

3.

According to the prosecution, on the date of incident, which took place on 28.02.2024 the complainant heard some people quarreling nearby his shop. Upon going there, he saw

the applicant quarreling with two senior citizens on the service road. The dispute was with regards to their vehicles and the applicant had snatched the keys from the vehicle of the senior citizens during the quarrel. The complainant tried to intervene but the applicant slapped him and told him not to interfere, due to which the complainant returned to his shop. After sometime the applicant called the co-accused and entered the complainant's shop. The applicant asked him as to why he had interfered in their matter. It is alleged that the applicant assaulted the complainant by fighter and attempted to kill him.

4.

The learned counsel for the applicant submits that the incident was not premeditated. It is submitted that the applicant is in jail for one year and three months and the trial has not commenced.

5.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant has assaulted the injured by fighter. It is submitted that the applicant is involved in two more crimes. It is submitted that considering the nature of crime, the applicant may not be released on bail.

6.

I have perused the injury certificate. The injuries are simple in nature. The applicant is in jail for one year and three months. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.136 of 2024 registered at Vadgaon Maval Police Station, District : Pune Rural, for the offences punishable under Sections 307, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicant shall not commit any other crime; (v) Application stands disposed of accordingly.

(N. R. BORKAR, J.)