PAWAN SATISH KAMBLE v. THE STATE OF MAHARASHTRA
Case Details
2025:BHC-AUG:2029 1 920 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 BAIL APPLICATION NO. 28 OF 2025 PAWAN SATISH KAMBLE VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant : Mr. More P. P. APP for Respondent/State: Mr. G. O. Wattamwar ... WITH CRIMINAL APPLICATION NO. 253 OF 2025 IN BA/28/2025 SURAJ SHIVAJI LONDHE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER … Advocate for Applicant : Mr. Patekar Narendra B APP for Respondent/State: Mr. G. O. Wattamwar … CORAM : ARUN R. PEDNEKER, J. DATE : 24.01.2025 P.C. : 1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for assist to public prosecutor. 2] Criminal Application No.253 of 2025 is partly allowed qua prayer clause ‘B’. 2 920 3] The applicant is seeking bail as he was arrested on 01.07.2024 in connection with Crime No.429/2024, dated 30.06.2024, registered with Gandhi Chowk Police Station, Latur, District Latur, for the offences punishable under Sections 307, 324, 147, 148, 149, 323, 504, 506 of the IPC in Sessions Case No.123/2024. 4] It is the case against the applicant and others is that while a meeting was held between group of people to discuss the conduct of some function i.e. birth ceremony in commemoration of Annabhau Sathe. It is stated that in the meeting there were different groups of persons assembled at the place to decide the President. In the said meeting
Legal Reasoning
one Mr. Khirsagar was elected as the President of the committee, which would conduct the function. The accused persons wanted some other person to be the President of the committee. In the disagreement, fight started. The applicant and others were carrying weapons and assaulted various persons. In the said fight Mr. Akash suffered grievous injuries at the hands of the other accused. In all total 17 accused are named as assailants. 13 persons whose role is not grave has already been granted bail. As regards the present applicant is concerned, he was carrying the knife. He assaulted Akash on his thigh and Suraj on his wrist. There are corresponding injuries on Akash and Suraj. Both medical certificate indicates that both these injuries are simple in nature. 3 920 5] The learned counsel for the applicant submits that the accused is a young boy of 25 years of age and considering that there are large number of accused involved and establishing this crime will take long time and proving injuries by each of the accused may take substantial time. He further submits that the applicant was arrested on 01.07.2024 and continues to be in jail till date. As such, the applicant seeks bail. 6] Per contra, the learned APP, so also, the learned counsel for the informant submits that the applicant along with others were assembled in the meeting with arms and, as such, it indicates pre-determined plan. Five persons are injured out of which Akash Londhe has suffered grievous injury. It is also stated that the 3 knives are recovered at the instance of the applicant. It is also stated that there was one more criminal antecedent against the applicant bearing Crime No.506 of 2020, registered under Sections 326, 324, 323, 506, 34 of the IPC. 7] The learned APP submits that the applicants to whom bail was granted, the role attributed them is minor and that they had not used dangerous weapon. 8] Considering the above submissions and also considering the role of the applicant in the assault that the applicant has assaulted with knife on Akash and Suraj but 4 920 both the injuries are simple in nature and also that the applicant is behind the bar from 01.07.2024 and that the trial will take substantial time to conclude and that the another crime is of the year 2020, I would consider to grant applicant bail on stringent conditions. 9] The learned counsel for the applicant submits that the applicant would stay away from Latur Taluka until conclusion of the trial, except before 2 days of the trial and one day thereafter. He also submits that the applicant would not apply for relaxation of this condition until the conclusion of the trial. 10]
Decision
In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No.429/2024, dated 30.06.2024, registered with Gandhi Chowk Police Station, Latur, District Latur, for the offences punishable under Sections 307, 324, 147, 148, 149, 323, 504, 506 of the IPC in Sessions Case No.123/2024, on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. 5 920 b] The applicant shall not enter the jurisdiction of Latur Taluka until conclusion of the trial, except before 2 days of the trial and one day thereafter. The applicant would not apply for relaxation of this condition until the conclusion of the trial. c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case. f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 11] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 6 920 12] It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 13] The application stands disposed of. [ARUN R. PEDNEKER] JUDGE marathe