Bhima Machindra Sansare v. State Of Maharashtra
15.BA.1637.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1637 OF 2025 Bhima Machindra Sansare .. Applicant
Versus
State of Maharashtra .. Respondent ....................
Mr. Mohit Ahuja, Advocate for Applicant appearing through Video Conferencing.
Mr. Balraj B. Kulkarni, APP for Respondent.
...................
CORAM
: MILIND N. JADHAV, J.
DATE : APRIL 24, 2025 P.C.
:
1.
Heard Mr. Ahuja, learned Advocate for Applicant appearing through Video Conferencing and Mr. Kulkarni, learned APP for Respondent.
2.
Applicant is arraigned as Accused No.1. There are total three Accused persons in the present crime. Date of incident is 30.08.2023. Case of prosecution against Applicant is that he has held the injured - victim, First Informant who has filed the First Information Report. Charge levelled against Applicant and Accused persons is under Sections 307, 341, 504, 506(2) and 34 of the Indian Penal Code, 1860 (for short 'IPC') read with Sections 37 (1) and 135 of Maharashtra Police Act, 1951.
3.
Mr. Ahuja draws my attention to the injury certificate appended at page No.78 of the Application and would submit that all
15.BA.1637.2025.doc injuries stated therein suffered by the First Informant are certified as simple injuries. He would submit that in so far specific role attributed to Applicant is concerned, even according to prosecution case, First Informant has stated that Applicant had held him and did not inflict any blow on the First Informant. The accusation of inflicting injury with a weapon i.e. a knife is directed against the other co-accused persons. He would submit that the weapon in question namely the knife has been recovered from possession of the other co-accused persons and not present Applicant.
4.
Considering the above facts, prima facie he would persuade the Court to consider the Application for grant of bail. 5.
Learned APP shall ascertain the veracity of submissions made by learned Advocate for Applicant and apprise the precise role of Applicant to the Court on the next adjourned date to enable the Court to consider the Bail Application of Applicant in view of long incarceration of Applicant since 30.08.2023 in prison. 6.
Stand over to 04th July, 2025.
H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:
2025.04.25 10:26:51 +0530 HARSHADA HANUMANT SAWANT