Vinod S/O Ghanshyam Patrikar v. The State Of Maharashtra Thr Ps Armori, Gadchiroli And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.113 OF 2026 Swaraj @ Kunal Balasaheb Kamble .....Applicant Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Paras Yadav i/b. Mr. Sunil Deshpande, for the Applicant. Mr. Shrikant H. Yadav, APP, for the Respondent-State. Mrs. Kalyani Shinde, Sangli Rural Police Station, Sangli is present. Mr. Shridhar Kumbhar, Liaising Officer, Jail, is present. CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 12th FEBRUARY 2026 P.C.:- 1.

The Applicant is arrested in Crime Registration No.90 of 2025 registered with Sangli Rural Police Station for the offences punishable under Sections 103(1), 109, 115(2), 352, 351(2), 351(3), 189(2), 189(4) and 190 of the Bharatiya Nyaya Sanhita, 2023 ('BNS'), Sections 4 and 25 of the Arms Act, 1959 and Section 37(1)(3) and 145 of the Mumbai Police Act.

2.

The Applicant has filed this application for grant of bail on the medical ground. It is the case of the prosecution that on 19th March 2025 at about 4:00 p.m., the first informant and his family members were working with their two nice in the agricultural land. Shubham arrived on one motorcycle alongwith other co-accused Somesh and 1/4

Swaraj, Hanmant and juvenile Chaitnya. It is alleged that the first informant thereafter enquired about for erecting boundary demarcation posts on the disputed land to deceased Satyajeet, who is son of first informant. Thereafter co-accussed Hanmant caught hold Satyajeet from behind. Then accused Shubham assaulted deceased Satyajeet twice on the head with sickle. Thereafter, the Applicant assaulted to the deceased on his legs and back with stick. The other accused person-Hanmant assaulted him with kicks and fist blows and abusing him in filthy language. At that time, the informant and others intervened to rescue Satyajeet, who then was admitted to Civil Hospital, Sangli. However, during the course of treatment, he succumbed to injury and died. Thereafter, the Applicant is taken in custody.

3.

The family members of the Applicant came know that the Applicant was admitted for treatment at CPR Hospital at Kolhapur on 7th January 2026. As he was unconscious, he was shifted to J.J.Hospital at Mumbai on 14th January 2026. Since then he is in ICU and the family members are not allowed to meet him. The cause of his illness is epilepsy. This Application is filed to release him on 2/4

bail to give him better treatment in private hospital. As he is in J.J.Hospital in ICU and nobody is allowed to meet him and, therefore, whether the proper treatment is given to him is not known to the family members, therefore, the family members of the Applicant has filed this application.

4.

One of the relative of this Applicant is doctor. He was alongwith him when he was shifted from CPR Hospital at Kolhapur to J.J.Hospital at Mumbai. As the Applicant is in J.J.Hospital at Mumbai and according to said relative, it requires to give him better treatment in private hospital, the Applicant is temporarily released on bail on medical ground for four months, on the following terms and conditions :

i) The Applicant, namely, Swaraj @ Kunal Balasaheb Kamble shall furnish personal bond of Rs.25,000/- with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer;

ii) The Applicant shall not directly or indirectly make any 3/4

inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; iii) The Applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; iv) The Applicant shall maintain law and order;

5.

After completion of four months, he has to surrender himself before the concerned police station.

6.

The health status report of the Appellant be submitted to the concerned police station periodically after every 15 days on the letter head of Dr. Suraj Kamble.

(MRS. VRUSHALI V. JOSHI, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2026.02.13 17:02:10 +0530 RAJU DATTATRAYA GAIKWAD 4/4