Hari Sunil Shelar v. The State Of Maharashtra And Another
2025:BHC-AUG:14528
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 928 BAIL APPLICATION NO.176 OF 2025 HARI SUNIL SHELKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.S.E.Shekade APP for Respondent-State : Mrs.V.N.Patil-Jadhav ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 10.06.2025 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is seeking bail as he is arrested on 05.02.2024 in connection with Crime No.0082/2024, registered with Police Station Parner, District Ahmednagar, for the offences punishable under sections 307, 326, 506 of the IPC.
3] The case against the applicant is that he has assaulted his wife on the suspicion that she is having affair with another person. The applicant and informant have two daughters and one son. It is alleged that the applicant was in habit of drinking liquor and that he was suspicious on his
wife and he used to check her mobile. On 04.02.2024 in the morning at about 11.00 hours when she had been to the field for work and returned in the evening at about 5.00 p.m. with her lady friend, the applicant came from the backside and throw her down. He had a sickle and gave blow of sickle on her head, however she obstructed the blow by hand therefore her hand got fractured. She fell unconscious. When she regained consciousness in the Hospital, she came to know that her in laws had brought her to Civil Hospital, Ahmednagar. The investigation is complete and charge sheet is filed in the matter. The applicant is in custody from 05.02.2024 i.e. from 1 year and 4 months.
4] The learned counsel for the applicant submits that the investigation in the matter is complete and particularly injury certificate shows one grievous injury on left forearm and one simple injury. The applicant is in custody since last one year and 4 months. Considering the said fact, the applicant be released on regular bail. He further submits that he would stay outside the jurisdiction, and presently the informant is residing at Parner Taluka. 5] Per contra, the learned APP submits that the informant has received one grievous injury i.e. fracture on the forearm and that the applicant would be a threat the informant.
6] Considering rival submissions, it is to be noted that there is one grievous injury on the forearm i.e. fracture and one simple injury, so also, the investigation in the matter is complete and trial Court would take substantial time to conclude trial and the applicant is in jail since last one year and 4 months. Considering these aspects, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No.0082/2024, registered with Police Station Parner, District Ahmednagar, for the offences punishable under sections 307, 326, 506 of the IPC, on furnishing PR bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court.
b] The applicant shall not enter the jurisdiction of Parner Police Station, District Ahmednagar during pendency of the trial except for attending the trial. c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
e] 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.
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