Mandar And Babu Nikhil Sorte v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4670 OF 2024 Mandar @ Babu Nikhil Sorte ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Shailesh S. Kharat a/w Adv. Swapnil K., Advocate for the Applicant.
Mr. T. G. Khan, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
24th MARCH, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.208 of 2024 registered at Khadak Police Station, District : Pune City, for the offences punishable under Sections 307, 324, 323 and 506 read with Section 34 of the Indian penal Code, Section 4(25) of the Arms Act, Section 37(1) read with Section 135 of the Maharashtra Police Act and Section 3 and 7 read with Section 142 of the Criminal Law Amendment Act. 3.
According to the prosecution, on the date of incident which took place on 16.06.2024 the present applicant and other co-accused come to the house of the complainant armed
with sharp weapons with a view to assault his brother as he was not withdrawing the case filed against them. It is alleged that while they were trying to assault the brother of the complainant, he ran away. It is alleged that they thereafter started assaulting the complainant and when the father-in-law of the brother of the complainant came there to intervene, it is alleged that, they assaulted him also and attempted to commit their murder.
4.
The learned counsel for the applicant submits that motive for the alleged crime is not attributed to the present applicant. It is further submitted that the applicant is the only earning member in his family and has daughter aged about two years. The learned counsel for the applicant on instructions submits that the applicant is ready to stay out of Pune District.
5.
On the other hand, the learned A.P.P. for the Respondent-State submits that there are criminal antecedents against the applicant. It is submitted that considering the nature of offence, the applicant may not be released on bail. 6.
I have perused the injury certificates of the injured. All the injuries are simple in nature. The applicant is in jail for nine months and the trial is not likely to be concluded in future as it is at the stage of framing of charge. 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.208 of 2024 registered at Khadak Police Station, District : Pune City, for the offences punishable under Sections 307, 324, 323 and 506 read with Section 34 of the Indian penal Code, Section 4(25) of the Arms Act, Section 37(1) read with Section 135 of the Maharashtra Police Act and Section 3 and 7 read with Section 142 of the Criminal Law Amendment Act 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 not enter into the limits of Pune District except to attend the dates before the Trial Court;
(iv) The applicant shall not commit any other crime; (v) It would be open to the prosecution to file an application for cancellation of bail, if the applicant commits breach of any of the conditions;
(vi) Application stands disposed of accordingly.
(N. R. BORKAR, J.)