Kuldeep S/O Bhadu Kharwade v. The State Of Maharashtra, Thr. Pso, Gondia, Dist. Gondia

24.BA.701.25.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 701 OF 2025 Sahil Sunil Pawar .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. S.R. Pille a/w. S.G. Gemnani, Advocates for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 20, 2025.

P.C.:

1.

Heard Mr. Pille, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent - State.

2.

This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with C.R.No.731 of 2024 registered with Ulhasnagar Police Station 307, 323, 364, 504, 506, 143, 144, 147 and 149 of the Indian Penal Code, 1860; Sections 4 and 25 of the Arms Act, 1959 and Sections 37(1) and 135 of the Maharashtra Police Act, 1951. Date of the incident is 26.05.2024.

3.

Mr. Pille would submit that save and except Applicant other 6 accused have been already enlarged on bail. He would submit that injured victim suffered two injuries which are documented in the

24.BA.701.25.doc medical certificate. One is simple injury on the head and another is a grievous injury on the hip. In so far as role of the Applicant is concerned, his role is attributable to him using a sword in the commission of the offence. However he would submit that CCTV footage has been collected and witness statements have been recorded which do not support the prosecution case that the alleged weapon i.e. sword was ever used by any person.

4.

That apart, he would submit that head injury suffered by the injured victim for which the Applicant has been held responsible is a simple injury as qualified by the injury certificate appended at page No.164 of the Application. He would submit that on parity, Applicant deserves to be enlarged on bail.

5.

Ms. Newton is directed to take appropriate instructions from the concerned Investigating Officer and apprise the Court on the next adjourned date when this Court shall hear the Application. 6.

Stand over to 19th March, 2025 at 02:30 p.m.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.02.20 18:19:27 +0530 AJAY TRAMBAK UGALMUGALE