Ganesh Shahaji Khandagle v. State Of Maharashtra

Prasad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3919 OF 2025 Ganesh Shahaji Khandagle ...Applicant

Versus

State Of Maharashtra

...Respondent

Mr. Aditya Parmar a/w Abdul Wahab Shaikh, for the Applicant. Mr. Hitendra J. Dedhia, APP for the Respondent - State.

CORAM:

R. M. JOSHI, J.

DATED:

17th MARCH, 2026.

PC:- 1.

This application is filed by the Applicant for enlargement on bail in connection with CR No.684 of 2023 registered with RCF Police Station, for offences punishable under Sections 307, 341 read with Section 34 of the Indian Penal Code, 1860 and Sections 37(1)(a) and 135 of the Maharashtra Police Act, 1951.

2.

It is the case of the prosecution that an incident occurred on 20th November 2023, wherein the injured was assaulted by the present Applicant and the co-accused. On the basis of the said information, an offence came to be registered against them.

3.

Learned counsel for the Applicant submits that the Applicant has no criminal history behind him. According to him,

the evidence on record indicates that this is not a case wherein the offence under Section 307 can be said to be attributed to the Applicant. According to him there was an isolated injury, that too simple in nature was caused by the Applicant. He further submits that the Applicant is behind the bars since 2023, the co-accused have already been enlarged on bail and the trial is not likely to conclude in short period of time.

4.

Learned APP opposed the bail application by stating seriousness of the crime and also on the ground that there is recovery of weapon at the instance of the Applicant, which shows his involvement in the crime.

5.

The Applicant was arrested on the date of incident and has remained in custody since then. The Applicant has no criminal history behind him. The trial is not likely to get over in a reasonable period of time. This Court finds substance in the contention of learned counsel for the Applicant that only a single injury was caused to the injured, which is simple in nature. 6.

Having regard to these facts, and more particularly in view of the fact that the trial is not likely to get over in a short period of time, the Application stands allowed.

ORDER

a) The Application is allowed.

b) The Applicant is directed to be released on bail upon furnishing a personal bond of Rs.30,000/- (Rupees Thirty

Thousand Only) with one or two solvent surety in the like amount, to the satisfaction of the Trial Court. c) The Applicant shall not tamper with the evidence or attempt to influence any witness.

d) The Applicant shall appear before the Trial Court on every date of hearing, unless prevented by sufficient cause. 7.

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.

(R. M. JOSHI, J.) {