Ashutosh @ Pappu Appaso Jadhav v. State Of Maharashtra

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2371 OF 2025 Ashutosh @ Pappu Appaso Jadhav .....Applicant Vs.

The State Of Mahrashtra .....Respondent HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.09.12 17:35:31 +0530 Adv. Satyavrat Joshi (Thr. V. C.) a/w Yash Fadtare for the Applicant.

Ms. P. S. Rane, APP for the Respondent-State. CORAM :

SHIVKUMAR DIGE, J.

DATE :

11th SEPTEMBER 2025 P.C.:

1.

By this application, the applicant is seeking regular bail in C.R.No. 294 of 2024 registered with Gokul Shirgaon Police Station, Dist- Kolhapur for the offences punishable under Section 109, 3(5), 115(2), 351(3) and 61(2) of Bharatiya Nyaya Sanhita, 2023, Section 4 read with 25 of the Arms Act, 1959 and Section 135 of the Maharashtra Police Act, 1951 2.

It is the prosecutions case that on 1st October 2024 at around 10.00 p.m. the applicant and co-accused assaulted the first informant with sword with intention to kill him on the ground of old dispute.

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3.

It is the contention of learned counsel for the applicant that the allegation of assault with sword to the first informant is against accused no. 2 Prathmesh Daigade, has been released on bail by the Sessions Court. Hence, the applicant is entitled for bail on the principle of parity and requested to allow the application.

4.

It is the contention of the learned APP that the applicant has assaulted the first informant with sword. The incident occurred due to applicant only. There is recovery of sword at the instance of applicant. If the applicant released on bail he may threaten the prosecution witnesses and victim. Hence, requested to reject the application.

5.

I have heard both learned counsel. Perused the FIR and documents produced on record.

6.

The co-accused against whom the serious allegations are leveled has been released on bail. Hence the applicant is entitled for bail on the principle of parity. Moreover the applicant is behind bar around one year. Investigation is completed. Chargesheet has been filed. It may take time to conclude the trial. Applicant has no antecedents. Considering 2/4

the above facts, further detention of the applicant is not required.

7.

In view of the above, I pass the following order :

ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail in C.R.No. 294 of 2024 registered with Gokul Shirgaon Police Station, Dist: Kilhapur, on executing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the trial court proceeding regularly.

(iv) The applicant shall attend the concerned police station as and when required.

(v) The applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

(vi) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

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8.

The application is allowed in the aforesaid terms and is accordingly disposed of.

9.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 10.

All concerned to act on the authenticated copy of this order.

[SHIVKUMAR DIGE, J.] 4/4