Santosh Manoj Mane v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 110 OF 2026 Santosh Manoj Mane

VERSUS

The State of Maharashtra And Anr ...

Mr. Pratik G. Tare i/by Mr. Sachin Y. Mane for Applicant. Dr. A. A. Takalkar, APP for the Respondent-State. ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 18th MARCH, 2026.

P. C. :

1.

The applicant seeks regular bail in connection with C.R. No. 198 of 2024 dated 28.05.2024 registered with Shahapur Police Station, District Kolhapur, for the offences punishable under Sections 307 read with Section 34 of the Indian Penal Code. 2.

The prosecution case is that, the Complainant's husband was subjected to a life-threatening assault by the accused persons in furtherance of their common intention. Following a prior dispute on 27th May, 2024, at Jijamata Park, where the accused issued death threats to the victim, they subsequently intercepted him on 28th May, Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.03.18 20:06:37 +0530 2024, at approximately 17:00 hours on the road leading from SAJAKALI LIYAKAT JAMADAR 1 of

Mahalaxmi Godown towards Torananagar. The accused then launched a brutal attack using wooden bamboo sticks and stones, causing grievous injuries to the victim's head and face with the specific intent to cause his death. Hence, the report. 3.

Learned counsel for the applicant submits that the applicant is falsely implicated in the alleged crime and the alleged incident occurred at the spur of the moment. The co-accused have already been admitted to bail by this Court in Criminal Bail Application No. 5083 of 2024. The investigation is complete and the recovery has already been effected. As such, further incarceration of the Applicant is unjustified. Hence, prayed to allow the application. 4.

Per contra, the learned APP opposed the application, submitting that the applicant assaulted the victim and that the act was premeditated. The corresponding injuries are substantiated by the medical injury certificate placed on record. 5.

Having heard the submissions from both the sides and upon perusal of the record including charge-sheet indicates that initially the FIR was registered against the co-accused, namely Tahir and unknown persons. The allegations levelled against the present applicant is that of having picked up a wooden stick and assaulted 2 of

the injured. Thus, the same cannot be treated as a lethal weapon. 6.

Apart from the aforesaid aspect, the similarly situated coaccused are admitted to bail by this Court. As such the applicant is also entitled for parity. The investigation is complete for all intent and purpose, resultantly, the charge-sheet is filed. Considering the length of incarceration, further detention of the applicant would be unjustified. I am, therefore, persuaded to exercise the discretion in favor of the applicant. Hence, the order :

O R D E R

I.

The bail application is allowed.

II.

Applicant - Santosh Manoj Mane be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with C.R. No. 198 of 2024 dated 28.05.2024 registered with Shahapur Police Station, District Kolhapur, for the offences punishable under Sections 307 read with Section 34 of the Indian Penal Code, on the following conditions :- (a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

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(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court. (c) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.

(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to approach the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail. III.

Needless to state that the observations rendered herein are to the extent of this application and the trial Court shall not be influenced by the same.

[SACHIN S. DESHMUKH, J.] 4 of