Sanjay Jalindar Jamdade v. The State Of Maharashtra And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 196 OF 2026 Sanjay Jalindar Jamdade ... Applicant
Versus
The State Of Maharashtra And Anr.
... Respondent ------ Mr. Shrikant Jadhav a/w. Mr. Muralidhar Kharat for the Applicant. Mr. Shrikant V. Gavand, A.P.P. for the Respondents-State. ------ Coram : MEHROZ K. PATHAN, J.
Date : 10th June 2026.
PER COURT :
1.
The Applicant has approached this Court seeking anticipatory bail in connection with F.I.R. No. 0121 of 2026, dated 19/03/2026, registered with Tasgaon Police Station, Sangli, for the offences punishable under Sections 109(1), 118(2), 118(1), 189(2), 189(4), 191(3), 190, 352, 115(2) of The Bharatiya Nyaya Sanhita, 2023.
2.
The case of the prosecution is that :
The Applicant-accused Sanjay is the father of co-accused Vishal. On 18/03/2026, at approximately 11:00 a.m., a quarrel took place between 1 of
Hanumantha Pawar, the father of the informant, and the accused Vishal, Sanket, and Aditya, over a trivial matter. It is alleged that the said accused verbally abused and physically assaulted the father of the informant by slaps and kicks. When the informant approached the Applicant-accused to reason with accused Vishal, the Applicant-accused allegedly made a phone call to Vishal. Thereafter, accused Vishal, accompanied by 8 to 10 others, arrived at the scene of the incident and reportedly told the informant that he had become too arrogant and further threatened that neither he nor his father would be spared. Then accused Vishal, Dayanand, and the other accused allegedly dragged the informant to Gajraj Suppliers, where accused Vishal attempted to assault him with an iron rod. The informant managed to ward off the blow, but accused Vaishali assaulted him on the right leg below the knee with the iron rod. Accused Dayanand tried to assault the informant on the head with a sickle; however the informant warded off the blow, and the sickle struck his right arm, causing it to bleed. 3.
Learned counsel for the Applicant Mr. Jadhav submits that the Applicant is aged father of the main accused Vishal against whom there are direct allegations of assault on 18/03/2026. The other co-accused have all been arrested and released on regular bail. In so far as the present Applicant is concerned, the present Applicant was also injured in the incident and has filed a counter F.I.R. being F.I.R. No. 122 of 2026 for the same incident dated 2 of
18/03/2026. The Applicant was also required to undergo operation for recovery of his injuries at Sushrut Hospital, Tasgaon. A certificate to that effect issued by Sushrut Hospital is also relied upon by the learned counsel to substantiate the submissions that the Applicant was injured in the incident. The Applicant further submits that the Applicant is not having any criminal antecedents and is ready to abide by any conditions that may be imposed by this Court. Hence, the Applicant may be protected and released on anticipatory bail.
4.
On the other hand, learned A.P.P. strongly opposes the anticipatory bail application on the ground that the Applicant is involved in serious offence of attempt to commit murder by forming unlawful assembly with a common object. The offence is serious in nature and is punishable with life imprisonment. There are serious and direct allegations against the Applicant that the Applicant has also assaulted to the Applicant by means of an iron rod. There are injury certificate, which corroborates the allegations with the F.I.R.. Even though all other accused have been arrested in the present crime, however the present Applicant was absconding since the date of registration of the F.I.R.. The custodial interrogation of the Applicant is therefore necessary to complete the investigation. This is not a fit case to release the Applicant on bail. Hence the application may be rejected. 5.
I have gone through the investigation papers made available by the 3 of
learned A.P.P. as well as the First Information Report being F.I.R. No. 122 of 2026, dated 20/03/2026 filed at the behest of the present Applicant Sanjay Jamdade, wherein the complainant Guruprasad Pawar is also accused. The perusal of the certificate issued by the Sushrut Hospital shows that the Applicant was admitted in the hospital on 19/03/2026 and was required to undergo operation 23/03/2026. The submission that the Applicant is falsely implicated being father of the main accused cannot be ruled out. The Applicant is not having any criminal antecedents. The entire investigation appears to have been complete. As the other accused persons have already been arrested, nothing remains to be recovered at the behest of the present Applicant. As the Applicant is not having any criminal antecedents and is ready to abide by any conditions, I am inclined to protect the Applicant by exercising discretion under Section 482 of the Bhratiya Nagarik Suraksha Sanhita, 2023. Hence, following order is passed :-
O R D E R
i.
In the event of arrest of the Applicant - Mr. Sanjay Jalindar Jamdade, he be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, in connection with F.I.R. No. 0121 of 2026, dated 19/03/2026, registered with Tasgaon Police Station, Sangli, for the offences punishable under Sections 109(1), 118(2), 118(1), 189(2), 189(4), 191(3), 190, 352, 4 of
115(2) of The Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (A) The Applicant shall attend the concerned Police Station and report to the Investigating Officer on every Friday and Saturday, between 12:00 noon and 02:00 p.m. till filing of the charge-sheet and thereafter as and when called by the Investigating Officer.
(B) The Applicant shall make himself available for undergoing the medical examination and collection of necessary samples if so called by the Investigating Officer with a communication of two days prior notice. (C) The Applicant shall also co-operate with the investigation.
(D) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
(E) The Applicant shall submit copy of his Aadhar Card and Pan Card to the Investigating Officer along with mobile numbers and addresses of two of his near relatives. 6.
Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the interim relief granted herein above.
7.
The Application is disposed of in the aforesaid terms. [ MEHROZ K. PATHAN, J. ] 5 of