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Bombay High CourtBA/749/2026disposed off

Shivratna Pandit Wadane And Others v. The State Of Maharashtra And Another

2026-05-08Hon'Ble Shri Justice Shailesh P. Brahme5 pages

2026:BHC-AUG:21155

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 BAIL APPLICATION NO. 898 OF 2026 PANDIT JANARDHAN WADANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER WITH BAIL APPLICATION NO. 749 OF 2026

1. SHIVRATNA PANDIT WADANE

2. OMRAJ DIPAK WADANE

3. JAYRAJ DIPAK WADANE

4. SAMARTH BALASAHEB WADANE

5. HANUMANT ASHOK WADANE

6. SUBHAM VISHNU WADANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants in both : Mr. Kore Ganesh J. APP for Respondents-State : Mr. S. B. Narwade. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 08.05.2026 PER COURT :- 1.

Heard both sides.

2.

In Bail Application No.898 of 2026, issue notice to the respondents.

3.

Learned APP waives service of notice for the respondents/State.

4.

After hearing for some time when this Court expressed disinclination to grant bail, learned counsel for the applicants, on instructions, seeks leave to withdraw Bail Application No.749 of 2026 to the extent of applicant No.1 Shivratna Wadane, applicant No.2 Omraj Wadane and applicant No.3 Jayraj Wadane. A liberty is solicited to apply for bail after filing of charge-sheet.

5.

Bail application No.749 of 2026 is disposed of as withdrawn to the extent of applicant Nos.1 to 3 with a liberty as sought for.

6.

The applicants are seeking bail in respect of offence bearing Crime No.85 of 2026, registered with Tuljapur Police Station, District Dharashiv, for the offences punishable under Sections 109, 189(1), 189(2), 190, 191(1), 191(2), 191(3), 118(1), 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita. 7.

Applicant Pandit was arrested on 16.04.2026 and applicants Samarth, Hanumant and Subham were arrested on 23.03.2026. The investigation is incomplete.

8.

A report is lodged by Pawan Pandit Tambe that on 17.02.2026 he, his brother Saurabh and other witnesses had an encounter with accused persons due to previous enmity. They

were assaulted by weapons by co-accused Shivratna, Omraj and Jairaj. Present applicants are alleged to have assaulted them by fist and blows and the rod.

9.

It reveals from the papers of investigation that there is rivalry in between two groups in village Kumbhari, Taluka Tuljapur. Applicants belonged to Wadane group. The informant and the witnesses belonged to Tambe group. It further reveals that Crime No.75 of 2026 was registered at the instance of Samarth Wadane against the member of Tambe group. Further Crime No.76 of 2026 was registered at the instance of Arjun Chavan against Raj Pratap Tambe. 10.

There are cross complaints. The allegations can be said to be exaggerated one. The encounter appears to be due to previous enmity. The role attributed to the applicants are not so serious as to detain them any further.

11.

It is noticed from the First Information Report as well as Medico Legal Certificate of injured Suraj Tambe that out of four injuries one was grievous. Co-accused Shivratna, Omraj and Jairaj are shown to have used weapons. The serious injuries can be attributed to them. In that view of the matter, I find that applicants Pandit, Samarth, Hanumant and Subham

are entitled to be released on bail. I, therefore, pass the following order :

O R D E R

(i) Bail Applications are allowed.

(ii) Applicants PANDIT JANARDHAN WADANE, SAMARTH BALASAHEB WADANE, HANUMANT ASHOK WADANE and SUBHAM VISHNU WADANE shall be released on bail in Crime No.85 of 2026, registered with Tuljapur Police Station, District Dharashiv, for the offences punishable under Sections 109, 189(1), 189(2), 190, 191(1), 191(2), 191(3), 118(1), 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, on furnishing P. R. bond of Rs.20,000/- (Rupees twenty thousands only) each with one solvent surety of like amount each on the following conditions :

(a) The applicants shall not tamper with the prosecution evidence or contact with the prosecution witnesses.

(b) The applicants shall desist themselves from indulging in any offence.

(c) The applicants shall furnish their addresses and contact numbers to the Investigating Officer.

(d) The applicants shall report the Investigating Officer on every Sunday between 10.00 a.m.

to 4.00 p.m. till filing of the charge-sheet. (e) The applicants shall surrender their Aadhar Card and PAN Card to the Investigating Officer, if any.

(iii) Bail applications are disposed of accordingly. (SHAILESH P. BRAHME, J.) ...

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