Anesh Ashokshing Pardeshi v. The State Of Maharashtra And Another

2026:BHC-NAG:4009

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [B.A.] NO. 151 OF 2026 Guddu @ Rishikesh Dhiraj Lokhande -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.V. Rai, Advocate for the Applicant.

Ms. P.C. Bawankule, A.P.P. for the Non-applicant/State. CORAM :

M.M. NERLIKAR, J.

DATE :

MARCH 10, 2026.

LATER ON AT 02:30 P.M.:

The learned A.P.P. submits that, the Jail Superintendent has already forwarded the report under its communication dated 27/02/2026, which is received by the Registry of this Court on 05/03/2026. However, inadvertently the said report was not placed on record and, therefore, the order in first half today came to be passed. Considering the above fact, the order passed in first half is hereby recalled and the matter is heard on merits.

2.

The present application is filed seeking regular bail in Crime No.793/2018 for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, registered with Police Station Ramnagar, District Wardha.

3.

As per the First Information Report, the informant is a student of second year Mechanical Engineering at Bapurao Deshmukh College of Engineering. On 21/10/2018, at about 10:15 p.m., the informant along with his friends Rohit Chaudhary and Rohan Patil were sitting and talking in front of the house of Rohit Chaudhary. At that time, the accused persons, namely Guddu Lokhande, Shubham Dhongde and Yash Srivastava, allegedly came on a motorcycle and drove past them in a rash manner. When the informant objected to the manner of driving, the accused persons returned to the spot and stopped their motorcycle. Thereafter, it is alleged that Guddu Lokhande and Shubham Dhongde started assaulting Rohit Chaudhary.

During the course of the altercation, Guddu Lokhande allegedly took out a knife from his pocket and assaulted Rohit Chaudhary on his head, causing a serious injury. It is further alleged that, when the informant intervened, Guddu Lokhande also assaulted him with the knife, resulting in an injury to his left hand. After the incident, the accused persons left the spot. Rohit Chaudhary, who had sustained a bleeding injury on his head, was immediately taken to the Government Hospital by a nearby resident, while the informant was also taken to the hospital for treatment.

4.

The learned counsel for the applicant submits that, the applicant was granted bail by this Court, by an order dated 25/04/2019, in Criminal Application [B.A.] No.309/2019. He submits that, after grant of bail, the applicant had not attended the trial Court and, therefore, non-bailable warrant was issued against the applicant and, accordingly, the applicant was arrested on 14/02/2025 and sent to jail. He submits that the application was made before the trial Court for releasing the applicant on bail, however, the said application was rejected on the ground that the applicant has absconded and jumped the bail conditions and, therefore, his bail was cancelled. The learned counsel submits that the applicant is suffering from Tuberculosis, therefore, he is not keeping good health, therefore, requested to release him on the said ground also.

5.

On the other hand, the learned A.P.P.

submits that the case is of the year 2019. Initially, the applicant was released on bail by this Court, however, he chose not to attend the trial, and accordingly, nonbailable warrant was issued and the applicant was arrested and put behind bars. She submits that considering the conduct of the applicant, there is high possibility in future also that he will not attend the trial, and the very object of grant of bail would be frustrated. She further submits that, the charges are

also framed and, therefore, at the most, the trial Court be directed to decide the trial within stipulated period and, therefore, she submits that the application is devoid of merit and be rejected. 6.

I have considered the rival submissions.

This Court, has called the report from the Superintendent of Prison., Wardha, accordingly, the report is received. The report suggests that the applicant is suffering from Extrapulmonary Tuberculosis (Left Sided Pulmonary Tuberculosis), so also, he is malnourished and have generalized weakness. Admittedly, this Court, by an order dated 25/04/2019, had released the applicant on bail by imposing certain terms and conditions, and one of the condition was that, the applicant shall attend the trial Court on each and every date, however, the applicant has not complied with the said condition. Admittedly, the applicant was arrested by virtue of non-bailable warrant issued by the Court below on 14/02/2025. However, the fact remains that, at earlier point of time, the applicant was released on bail and further even after the arrest of the applicant, the applicant is in jail for more than one year. Therefore, considering the above, I am inclined to grant bail to the present applicant on imposing stringent conditions. Hence, the following order:-

O R D E R

(i) The Criminal Application is allowed;

(ii) The applicant/accused (Guddu @ Rishikesh Dhiraj Lokhande) be released on regular bail in connection with rime No.793/2018 for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, registered with Police Station Ramnagar, District Wardha, on his furnishing a P.R. bond of Rs.25,000/- (Twenty Five Thousand Rupees) with one solvent surety in the like amount;

(iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence;

(iv) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency;

(v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of

bail or even trial Court suo moto take cognizance of this and cancel the bail;

(vi) Pending Misc. Application(s), if any, also stand disposed of.

[ M.M. NERLIKAR, J ] Piyush Mahajan