Dnyaneshwar Baban Narwade v. The State Of Maharashtra And Another
2025:BHC-AUG:16299
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 901 BAIL APPLICATION NO.721 OF 2025 ASARAM NAGORAO NARWADE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.N.J.Sonune APP for Respondent-State : Mr.N.B.Patil Advocate for Assist to P.P. : Mr.R.V.Gore ...
WITH CRIMINAL APPLICATION NO. 2136 OF 2025 IN BAIL APPLICATION NO.721 OF 2025 ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 27.06.2025 P.C. :
1] Heard. For the reasons stated in Criminal Application No.2136/2025 for assist to P.P., the same is allowed. Criminal Application is disposed of accordingly. 2] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the assist to P.P.
3] The applicant is seeking bail as he is arrested on 11.03.2022 in connection with Crime No. 0193/2022,
registered with MIDC Waluj Police Station, Dist. Aurangabad, for the offence punishable under Sections 302, 307, 325, 326, 323, 504 r/w. 34 of the Indian Penal Code. 4] The learned counsel for the applicant submits that this Court, by order dated 04.03.2025 in Bail Application No.2294 of 2024, has granted bail in favour of the co-accused on the ground of delayed trial. He further submits that today also the trial has not commenced. He further submits that considering the age of the applicant, the Secretary, District Legal Services Authority, Aurangabad has communicated the applicant that the applicant is shortlisted by the District Unit under the category of old prisoners under the scheme, namely, Special Campaign for Old Prisoners and Terminally Ill Prisoners and in view of the said scheme, the applicant is entitled to grant bail.
5] The learned APP, so also, the learned counsel for assist to P.P. submit that all the accused persons have assaulted the informant. However, when the informant reached on the spot, the present applicant was holding a spade in his hand, as such grievous injury caused is attributed to the applicant.
6] Considering that this Court, by order dated 04.03.2025 in Bail Application No.2294 of 2024, has granted bail in favour of the co-accused on the ground of
delayed trial and thus the present applicant cannot be distinguished from the co-accused and considering the age of the applicant, the applicant is granted bail. However, it is made clear that in the event the applicant fails to attend two consecutive dates before the trial Court, the prosecution would be at liberty to seek cancellation of bail of the applicant. In view of the same, the application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No. 0193/2022, registered with MIDC Waluj Police Station, Dist. Aurangabad, for the offence punishable under Sections 302, 307, 325, 326, 323, 504 r/w. 34 of the Indian Penal Code, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence
the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
7] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
8] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC