Bhima Machindra Sansare v. State Of Maharashtra

Minal Parab

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1637 OF 2025 Bhima Machindra Sansare ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Abdul Wahab Shaikh a/w. Mr. Mohit Ahuja, Mr. Aditya Parmar, Mr. Mustaq Shaikh, for the Applicant. Ms. Poonam P. Bhosale, APP, for the Respondent-State. PSI S. R. Atpalkar, Ulhasnagar Police Station, Thane City.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

By order dated 24.04.2025, this Court recorded the submission of the Counsel for the Applicant that all the injuries stated in the injury certificate and suffered by the First Informant are simple injuries. It is also recorded that insofar as the specific role attributed to the Applicant is concerned, even as per the prosecution case, the Applicant has only held the injured person and has not inflicted any blow on him. In fact, the accusation of inflicting injury with a weapon i.e. the knife is also made against the other co-accused and not the MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2025.09.25 14:00:57 +0530

Applicant. The knife is also recovered from possession of the co-accused and not from the present Applicant. 2.

While recording the submissions of the Applicant, this Court has posted the matter on the next date to afford an opportunity to the learned APP concerned to ascertain the veracity of the submissions made by the Advocate for the Applicant.

3.

Today, Ms. Poonam Bhosale, learned APP appearing for the State has affirmed that the role attributed to the Applicant is that, he held the injured person and it is the co-accused, who stabbed the First Informant with a knife. She, however, submits that the present Applicant has two other antecedents.

4.

Admittedly, the Applicant is in custody from 31.08.2023 and even charges are not framed as yet. In these circumstances, I am inclined to grant bail to the present Applicant and it is ordered as under:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/- with one or two local sureties in the like amount;

ii) The Applicant shall attend the concerned Police Station once in a month between 11:00 a.m. to 02:00 p.m.;

iii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iv) The Applicant shall not enter the jurisdiction of Thane District till the evidence of the eye-witnesses is complete, save and except only to attend the Police Station and the Trial Court as stipulated as conditions of this order;

v) If the Applicant has not deposited his passport, he shall deposit the same with the concerned Police Station;

vi) The Applicant shall not leave India, without the permission of the Trial Court;

vii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

viii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

ix) The Applicant to co-operate with the conduct of the trial;

x) Any infraction of the aforesaid conditions shall entail cancellation of bail.

5.

Application is allowed in the above terms and is accordingly disposed of.

6.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (Dr. Neela Gokhale, J)