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Bombay High CourtIA/1522/2025disposed off

Urmila Sagar Pawar v. State Of Maharashtra

2025-09-04Hon'Ble Shri Justice Shivkumar Dige4 pages

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 883 OF 2025 Shrikant Sayappa Pawar .....Applicant Vs.

State of Maharashtra .....Respondent WITH INTERIM APPLICATION NO. 1522 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 883 OF 2025 Urmila Sagar Pawar ....Applicant

IN THE MATTER BETWEEN

Shrikant Sayappa Pawar .....Applicant IRESH MASHAL Vs.

Digitally signed by IRESH MASHAL Date:

2025.09.04 19:30:29 +0530 State of Maharashtra .....Respondent Mr. Vishal Waghela i/b Mr. Vikram Phatate for the applicant Mr. Vikram Phatate for applicant in IA 1522/2025 Mr. Sachin Madhav Bhavar for intervener CORAM :

SHIVKUMAR DIGE, J.

DATE :

4th SEPTEMBER 2025 P.C.:

1.

By this application, applicant is seeking regular bail in 1/4

C.R. No. 665/2024 registered with Pandharpur Taluka Police Station, District Solapur for offences punishable under Sections 109, 118(1), 352, 351(2), 3(5) of Bhartiya Nyay Sanhita, 2023 (for short 'BNS').

2.

It is the prosecution's case that accused no. 1 is husband of the victim and there was dispute between them. On 23rd September 2024, accused no. 1 assaulted the victim with sickle with intention to kill her. It is alleged that applicant instigated accused no. 1 to kill the victim.

3.

It is the contention of learned counsel for applicant that applicant is behind bar around one year. Applicant has no antecedents. Investigation is completed and charge-sheet has been filed. There is no progress in the trial. Hence, requested to allow the application.

4.

It is the contention of learned APP alongwith learned counsel for the victim that the main reason of the quarrel was the applicant. He assaulted with wooden stick to the victim. Thereafter, he brought accused no. 1 at the incident spot and he instigated accused no. 1 to assault the victim with sickle. 2/4

Accordingly, accused no. 1 assaulted the victim. The victim has suffered several grievous injuries. Accused no. 1 assaulted the victim on say of the applicant. if applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard all the learned counsel, perused F.I.R. and documents produced on record. The allegations against the applicant are of instigation to accused no. 1. Accused no. 1 has assaulted the victim with sickle. applicant is behind bar for more than one year. He has no antecedents. Investigation is completed and charge-sheet has been filed.

6.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I.

Application is allowed.

II.

Applicant be enlarged on bail in C.R. No. 665/2024 registered with Pandharpur Taluka Police Station, District Solapur on executing P.R.Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount.

III.

Applicant shall not tamper with the evidence or 3/4

attempt to influence or contact the witnesses or any person concerned with the case.

IV.

Applicant shall not enter in Pandharpur Taluka except attending Court dates till recording of evidence of eye witnesses.

V.

Applicant shall not contact victim and prosecution witnesses.

VI.

Applicant shall attend the Trial Court dates, regularly. 7.

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

8.

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. 9.

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

10.

In view of disposal of bail application, interim application also stands disposed of.

[SHIVKUMAR DIGE, J.] 4/4