Digambar Hanumant Patil And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 785 OF 2025

1. Digambar Hanumant Patil

2. Dattatray Hanumant Patil ...Applicants

Versus

The State of Maharashtra

...Respondent

....

Mr. Rajesh More, Advocate for the Applicants. Mr. T. G. Khan, A.P.P. for the Respondent - State. Mr. Ajit Sarjerao More (PSI), Tembhurni Police Station, Solapur Gramin, Solapur, present.

....

CORAM

:

N. R. BORKAR, J.

DATE :

28th FEBRUARY, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicants came to be arrested in Crime No.760 of 2024 registered at Tembhurni Police Station, District : Solapur rural, for the offences punishable under Sections 109, 189(2), 190, 191(2), 191(3), 126(2), 115(2), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3.

According to the prosecution, on the date of incident, which took place on 15.12.2024, the present applicants and other co-accused assaulted the brother of complainant by iron rod, sticks etc. and attempted to commit his murder, on

account of previous dispute.

4.

I have heard the learned counsel for the applicants and learned A.P.P. for the Respondent-State.

5.

The learned counsel for the applicants submits that there is a cross case in relation to the incident in question. It is submitted that in the incident in question, the complainant and the other co-accused in the cross case assaulted the family members of the present applicants by deadly weapons. 6.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicants are involved in serious crime of attempt to murder. It is submitted that the brother of the complainant was in ICU for a period of more than one week. It is submitted that the investigation is still going on and therefore, the applicants may not be released on bail.

7.

I have perused the papers of investigation. It appears that on the date of incident initial dispute took place between the brother of the complainant and the tractor driver of applicants on account of removal of common boundary of agricultural fields owned by the family of the applicants and the family of the complainant. It appears that in the incident in question, the complainant and his family members assaulted the said driver and the family members of the applicants. There are no other criminal antecedents against the applicants. Considering overall facts and circumstances of the case, I am inclined to release the applicants on bail. In the

result, the following order is passed.

ORDER

(i) The Application is allowed;

(ii) The applicants are directed to be released on bail in connection with Crime No.760 of 2024 registered at Tembhurni Police Station, District : Solapur rural, for the offences punishable under Sections 109, 189(2), 190, 191(2), 191(3), 126(2), 115(2), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023 on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;

(iii) The applicants shall not enter into the Taluka Madha, District - Solapur for a period of one year. (iv) The Application stands disposed of accordingly. (N. R. BORKAR, J.)