Shubham Sonaji Lamtile v. The State Of Maharashtra
2025:BHC-AUG:15378
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 928 BAIL APPLICATION NO. 158 OF 2025 SUDARSHAN MARUTI LAMTILE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.A.K.Bhosle APP for Respondent-State : Mr.V.M.Jaware ...
WITH BAIL APPLICATION NO.522 OF 2025 SHUBHAM SONAJI LAMTILE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.S.C.Bhosle APP for Respondent-State : Mr.V.M.Jaware ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 18.06.2025 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The learned counsel for the applicant, on instructions, seeks leave to withdraw application of Shubham Lamtile, with liberty to file fresh application after six months. Leave granted. Bail Application No.522 of 2025 is dismissed as withdrawn, with liberty as aforesaid.
3] Lamtile in Bail Application No. 158/2025 is seeking bail as he is arrested on 29.10.2023 in connection with Crime No.204 of 2023, registered with Mudkhed Police Station, District Nanded, for the offence punishable under Sections 302, 323, 504, 506 r/w. 34 of the IPC.
4] The case against the applicant in Bail Application No.158/2025 is that the applicant along with co-accused were quarreling with Dashrath. The applicant along with co-accused abused and assaulted with fist and kick blows to the Dashrath. The applicant pushed Dashrath and sat on his chest, while accused Shubham assaulted with wooden log used to tie cattle on the head of the Dashrath. Due to said assault, the deceased succumbed to injuries. There are no other grievous injuries on the deceased and one minor injury on the leg. As such, the FIR is lodged. 5] The learned counsel for the applicant in Bail Application No.158/2025 submits that the role of the applicant is that the applicant pushed Dashrath and sat on him. He submits that altercation happened on account of deceased having peed on the accused and that the quarrel has occurred at the spur of moment and that there was no intention to kill the deceased. He further submits that the applicant is in jail from 29th October, 2023.
6] The learned APP submits that although applicant has not inflicted grievous injuries on the deceased, the role of the applicant cannot be distinguished from other co-accused.
7] The applicant has pushed the deceased and there is solitary injury caused to the deceased by wooden log, which was available on the spot and the said weapon was used by the other co-accused and the applicant has not assaulted the deceased by any weapon. Considering this aspect of the matter and considering that the applicant is in jail since last two years, the applicant, namely, Sudarshan Maruti Lamtile in Bail Application No.158/2025 is granted bail. In view of the above, the application of Sudarshan Maruti Lamtile is allowed in the following terms : a] Lamtile in Bail Application No. 158/2025 shall be released on bail in connection with Crime No.204 of 2023, registered with Mudkhed Police Station, District Nanded, for the offence punishable under Sections 302, 323, 504, 506 r/w. 34 of the IPC, 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] Lamtile shall not enter the jurisdiction of concerned
Police Station, during pendency of the trial. c] Lamtile, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
d] Lamtile shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
e] Lamtile shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. f] Lamtile, 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.
8] 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.
9] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC