Sudhir Sandeep Sawant v. State Of Maharashtra

2025:BHC-AS:26400

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2551 OF 2025 Sudhir Khashaba Sawant ... Applicant.

Vs.

State Of Maharashtra ... Respondent.

--- Mr. Ramanik Pawar, Arti Bajpai, Samikha Pawar, Shubhangi Kadam, Dhanashree Jagdale & Samadhan Mahanubhav for the Applicant. Mr. P. H. Gaikwad, APP for Respondent/State.

Mr. S. S. Jadhav, Karad City Police Station.

--- CORAM : ASHWIN D.BHOBE, J.

DATE : 1st JULY, 2025.

P.C. :

1.

Heard Mr. Ramanik Pawar, learned advocate for the Applicant and Mr. P. H. Gaikwad, learned APP for the Respondent State.

2.

By the present Bail Application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNNS), the Applicant is seeking bail in connection with Cr. No. 612/2024, registered with Karad City Police Station, Dist- Satara, for the offences punishable under Section 302, 323, 143, 147, 148, 149 of the Indian Penal Code. 3.

Case of the prosecution is that Karan Barge (deceased) was assaulted by the accused. Karan Barge succumbed to the injuries

inflicted on him in the said assault. Investigation reveals that Karan Barge is said to have morphed the nude pictures of Accused No.4 i.e. wife of Accused No. 3. Karan thereafter circulated the said morphed nude pictures of Accused No.4. Accused in the crime, having identified by Karan Barge for circulating the morphed photographs, called him near the post office and thereafter assaulted him. 4.

Mr. Ramanik Pawar, learned Advocate for the Applicant submits that the chargesheet does not implicate the Applicant either in calling the deceased at the scene or for assaulting the deceased. He submits that the involvement of the Applicant in the crime is on account of he being present at the time of assault on Karan by the mob. He submits that Vinayak Govind Pawar (Accused No.6) was alleged to be in similar situation like the Applicant. He submits that the Accused has been released on bail on 22nd August 2024. He submits that there are no criminal antecedents of the Applicant. 5.

Mr. Gaikwad, learned APP for the State submits that the offence which is subject matter of the crime is serious. He submits that the Applicant's presence at the scene of offence is revealed in the investigation. He submits that the CCTV footage indicates the Applicant being present at the scene of offence and is seen to be

moving in a suspicious manner. He therefore submits that the possibility of the Applicant having taken part in the assault cannot be ruled out. He submits that the chargesheet is filed. 6.

Perused the record with the assistance of the learned Advocates for the Parties.

7.

Applicant was before this Court in Criminal Bail Application No.5466/2024. Said Bail Application was dismissed as withdrawn by granting liberty to the Applicant to approach the learned Trial Court after framing of charge. Charge is framed in Sessions Case No. 53/2024. Bail Application at Exhibit-63 filed by the Applicant in Sessions Case No.53/2024, after framing of charge was rejected by the learned Additional Sessions Judge, Karad by order dated 9th May 2025.

8.

Allegations in the chargesheet against the Applicant, are of being present at the scene of offence where Karan Barge was assaulted. Though, the presence of the Applicant at the scene of offence is seen, however, there is no clarity in the investigation with regard to the participation of the Applicant in the said crime. None of the witness have attributed any role to the Applicant in the crime. Nothing has been recovered at the instance of the Applicant.

9.

Accused No. 6, who was also placed in somewhat similar situation like the Applicant herein, is released on bail by order dated 22nd August, 2024.

10.

From the nature of allegations, the material collected during the investigation, at least prima facie, there is no sufficient evidence against the Applicant in the said crime. There are no compelling circumstances to continue the custody of the Applicant pending the trial.

11.

In view of the above, the present Bail Application is allowed on the following conditions:- a) Applicant Sudhir Khashaba Sawant be released on bail in connection with C. R. No.612 of 2024, registered with the Karad City Police Station, District-Satara, on his furnishing PR bond of Rs.25,000/- with one or two sureties in the like amount, to the satisfaction of the Additional District and Sessions Judge Karad.. b) Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with facts of the case so as to dissuade them from disclosing the facts to the Court or any police officer and should not tamper with evidence.

c) Applicant shall regularly attend the hearing in

Sessions Case No.53 of 2024 before the Court of Additional District and Sessions Judge, Karad, Dist-Satara on the date fixed, unless exempted.

12.

The Bail Application No.2551 of 2025 is disposed off. [ ASHWIN D.BHOBE, J.] Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 02/07/2025 19:58:51