Rohan Shankar Mirekar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4707 OF 2024 Rohan Shankar Mirekar ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Sambhaji Kharatmol i/by Mr. Rahul Yadav, Advocate for the Applicant.
Ms. Gauri S. Rao, A.P.P. for the Respondent - State. Mr. Ganesh D. (API), Chaturshingi Police Station, Pune, present.
....
CORAM
:
N. R. BORKAR, J.
DATE : 07th MAY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.289 of 2024 registered at Chaturshingi Police Station, District : Pune, for the offences punishable under Sections 307, 323, 504 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC'), Section 37(1) read with Section 135 of the Maharashtra Police Act and Section 4(25) of the Arms Act. 3.
On 29.03.2024, the informant heard a recorded
telephonic conversation between his wife and co-accused Shakar (father of the applicant). Due to which he got suspicious and called Shakar to meet him at Golandaj square. Accordingly, they met there and the informant asked him why he was talking with his wife. This infuriated Shankar and he started abusing the informant and pushed him to the ground. In his defence, the informant slapped Shankar, due to which he called his son (applicant) and his friends to assault the informant. After some time, the applicant and two of his friends came to the spot. The applicant assaulted the informant with a sickle on his stomach and the co-accused assaulted the informant with a cricket bat on his head. 4.
The informant sustained severe injuries and was admitted to the hospital. Thereafter, the present crime was registered and the applicant was arrested on 30.03.2024. 5.
There is a cross FIR with regards to the present incident.
6.
The learned counsel for the applicant submits that the incident was not premeditated. It is submitted that the applicant is in jail for more than one year and there are no
other criminal antecedents.
7.
On the other hand, the learned A.P.P. for the Respondent-State submits that the present applicant has assaulted the complainant by Koyta and attempted to kill him. It is submitted that considering the nature of offence, the applicant may not be released on bail.
8.
Prima-facie the incident does not appear to be premeditated. There is a cross case in relation to alleged incident. The applicant is in jail for more than one year. There are no other criminal antecedents. Considering the said facts, 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.289 of 2024 registered at Chaturshingi Police Station, District : Pune, for the offences punishable under Sections 307, 323, 504 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC'), Section 37(1) read with Section 135 of the Maharashtra Police Act and Section 4(25) of the Arms 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 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) Application stands disposed of accordingly.
(N. R. BORKAR, J.)