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Bombay High CourtBA/1254/2025disposed off

Suraj S/O Mahesh Bramhane v. State Of Maharashtra Thr Pso, Ps Tahsil At Nagpur

2025-12-17Hon'Ble Mrs. Justice Vrushali V. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1254/2025 (Suraj S/o Mahesh Bramhane Vs. State of Maharashtra, through Police Station Officer, Police Station, Tahsil at Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S. Padia, Advocate for the applicant.

Mr. Ujjawal Phasate, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 17.12.2025.

The applicant is arrested in Crime No.516/2025 for the offence punishable under Sections 3, 5(1)(a), 25, 25(1A) of the Arms Act and Section 135 of the Maharashtra Police Act.

2.

It is the case of prosecution that on 28.7.2025 the police have received the information that accused Suresh Bramhane is present near Timki Dadra Bridge Railway Line having country made weapon with him. Accordingly, P.S.I. Sheikh and other staff members proceeded towards the said spot and conducted raid. The accused was found there. He was enquired and during enquiry, he disclosed his name as Suresh Bramhane. During his personal search one country made pistol and live cartridge were found with him. The pistol was seized and he was taken in custody.

3.

The learned Advocate for the applicant has stated that the arrest form shows that the arrest was informed to his mother, general diary shows that it was informed to his father. It appears that it is the backdated entry. The procedure is not followed. Though 23 antecedents are there he is acquitted in 5 offences and discharged in

two offences. Other offences are pending against him. Only because he was found with weapon the custody of this applicant is not required. He will abide by the conditions imposed by this Court. Hence, prayed to release the applicant on bail. 4.

Learned A.P.P. opposed the application stating that considering the offences registered against him which are of similar nature, two of them are under Section 307 of the Indian Penal Code and as the applicant is nuisance to the society, prayed to reject the application. 5.

Heard both sides and perused the record.

6.

The applicant is found with country made weapon and he was arrested. It appears that there are 23 offences registered against him but in 7 offences he was acquitted or discharged. Considering the nature of the offence and as the charge sheet is filed, the applicant is released on bail.

i) The Criminal application is allowed.

ii) Applicant - Suraj S/o Mahesh Bramhane be released on bail in Crime No.516/2025 for the offence punishable under Sections 3, 5(1) (a), 25, 25(1A) of the Arms Act and Section 135 of the Maharashtra Police Act. , on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount before the trial Court.

iii) The applicant shall not in any way tamper with the prosecution evidence.

iv) The applicant shall not pressurize or threaten the prosecution witnesses.

v) The applicant shall co-operate with the learned trial Judge in the conduct of the trial.

vi) The applicant shall not enter the jurisdiction of Kalmana Police Station.

vii) If any further offence is registered against him the bail will be cancelled.

7.

The Criminal Application stands disposed of accordingly. (MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 18/12/2025 16:30:48