HARSHADA H. SAWANT v. The State of Maharashtra

....................  Ms. Shubhangi Parulekar, Advocate for Applicant through Video Conferencing.  Ms. Sangeeta E. Phad, APP for Respondent.  API – Swapnil Patil, Faraskhana Police Station, Pune City. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 24, 2026 : P.C.

Heard Ms. Parulekar, learned Advocate for Applicant through Video Conferencing and Ms. Phad, learned APP for Respondent.

This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.1 of 2023 registered with Faraskhana Police Station, Pune City for offences punishable under Sections 307, 504, 506, 34 of the Indian Penal Code, 1860 (for short ‘IPC’); Section 4 and 25 of the Arms Act, 1959; Section 37(1) and 135 of the Maharashtra Police Act, 1951.

Applicant is young offender of 22 years of age at the time of incident which occurred 3 years and 8 months ago. Ms. Parulekar would submit that there are total five Accused in the crime out of 1 of 4 which Accused Nos.2 to 5 have been enlarged on bail. Applicant is arraigned as principal Accused of having assaulted the victim with scythe (dks; rk).

Prima facie, after going through the statements which are recorded by the prosecution, the precise reason as to why the motive is escribed is not clear. The incident is such that Applicant came to the Society gate where the victim alongwith his friend whose statement has been recorded was sitting and threatened the victim by banging the scythe (dks; rk) on the metal gate of the Society. There was substantial abuse between the Applicant as well victim from both the sides. This enraged the situation and when the Applicant opened the gate of the Society and entered inside the victim was left alone by all his other friends who ran away from the spot. In the subsequent skirmish which has occurred, the Applicant injured the victim with the scythe (dks; rk) by inflicting three blows, one on head, one on his neck and one on his shoulder. Initially, complaint was lodged under Section 307 of the IPC but subsequently the victim succumbed to his injuries while undertaking treatment, Section 302 of the IPC came to be applied.

Prima facie, since no specific motive of crime has been lodged and placed before me and also Ms. Parulekar argued that there are no antecedents, the young age of Applicant being offender comes 2 of 4 to the fore to enable me to consider the present Application.

Considering the aforesaid, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 1 of 2023; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed 3 of 4 of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant.

It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order.