Supreme Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO. 2556 OF 2025SANTOSH BHAIRAVNATH PAWARVERSUSTHE STATE OF MAHARASHTRA...Advocate for Applicant : Mr. Rahul R. KarpeAPP for Respondent : Mr. P. P. Dawalkar...CORAM: SACHIN S. DESHMUKH, J.DATE: 22-01-2026PER COURT:-1.The applicant seeks bail in connection with Crime No.1213 of2024 dated 04.11.2024 registered with Tofkhana Police Station, Taluka and District Ahmednagar, for the offences punishable underSections 118(1), 115(2), 324(4), 189(2), 190, 352, 351(2), 351(3),191(2) and 191(3), 103(1), 103(2) and 118(2) of the BharatiyaNyaya Sanhita, 2023 and Sections 37(1), 37(3) and 135 of theMaharashtra Police Act, 1951. In the said crime, the applicant wasarrested on 17.11.2024. After completion of the investigation, thechargesheet has been filed.2.The case of the prosecution is that on 02.11.2024 around 8PM, the informant was sitting in a temple near Chowk in Kothla. Accused Nos. 1 to 3 arrived on their motorcycle and asked theinformant to accompany them to collect money from the co- 2 949-BA-2556-25.odtaccused. The informant agreed and went with them on themotorcycle. While traveling, accused No. 1 suddenly stopped neara Bamboo Shop on Sambhajinagar Road. It is further alleged thatthe present applicant and accused No.5 arrived at the scene, andthe applicant began abusing the informant and assaulted him withkicks and fist blows. Upon questioning, the applicant allegedlyreplied, "Why do you provide information to Local Crime Branch ofsale of the swords”, and continued the assault. Accused No. 4 isalleged to have struck both of the informant's ears; accused No. 5assaulted the informant's legs; accused No.3 struck theinformant's head with a stone; and applicant assaulted theinformant's back and hand with a belt. All accused persons arealleged to have assaulted the informant with kicks and fist blows.3. The learned counsel for the applicant, Mr. Karpe, submits theonly specific role attributed to the present applicant in the F.I.R. isthat of assaulting the informant with a belt over his back andhand. Those are sweeping in nature. Since accused No.4 isenlarged on bail, the present applicant deserves to be admitted tobail even on the ground of parity. 4.Furthermore, Mr. Karpe, learned counsel argues that thevictim may have succumbed not to the injuries, but to an infectionas reported in the post-mortem report. The applicant is ready toabide by any conditions imposed by the Court and be released on 3 949-BA-2556-25.odtbail.5. The learned APP, has opposed the application submittingthat the offense is serious in nature and punishable with death orlife imprisonment. The applicant with co-accused have inflictedserious injuries on the victim's person. The statements ofwitnesses Nanda Pawar and Asad Shaikh corroborate theallegations made in the F.I.R. regarding the applicant's presencewith the deceased. Therefore, the APP submits that theprosecution has collected sufficient evidence to establish the guiltof the present applicant in the said crime.6. Having heard the submissions from both sides and uponperusal of the record, including the charge sheet produced duringthe course of the hearing, a perusal of the post-mortem reportindicates that the cause of death was attributed to an infection ofthe blood caused by poisonous bacteria. 7. A perusal of the F.I.R. would also show that the injuriescaused to the victim's head can be attributed to accused No.1.Thus, prima facie the allegation of assault on the victim's vitalparts can be attributed to accused No.1 and not to the presentapplicant, whose only alleged role was to hit the victim with a belt.8.Pertinently, the co-accused No. 4 has already been releasedon bail by this Court in Bail Application No. 1601 of 2025. The role 4 949-BA-2556-25.odtof the present applicant is in a similar or lesser position regardingthe gravity of the allegations, his continued incarceration since hisarrest on 17.11.2024 would be unjustified and discriminatory.9.Nevertheless, the investigation is complete for all intent andpurposes, and the charge sheet has been filed. Therefore, theapplicant is no longer required for custodial interrogation. Hence, no useful purpose would be served by keeping him in furthercustody pending the trial.10.Hence, the order; ORDER(i) Bail Applications is allowed.(ii) The Applicant, Santosh Bhairavnath Pawar, be released onregular bail on furnishing P.R. bond of Rs.50,000/- (RupeesFifty Thousand) with one or two solvent sureties in the likeamount, in connection with Crime No.1213/2024 registeredwith Tofkhana Police Station, District Ahmednagar for theoffences punishable under Sections 118(1), 115(2), 324(4),189(2), 190, 352, 351(2), 351(3), 191(2) and 191(3) ofBharatiya Nyaya Sanhita, 2023 and Section 37(1), 37(3) and135 of Maharashtra Police Act, 1951 and subsequently addedsections 103(1), 103(2) and 118(2) of Bharatiya NyayaSanhita, 2023, on the following conditions :(a) The applicant is directed to attend the concerned 5 949-BA-2556-25.odtpolice station and report to the concerned PoliceStation Tofkhana, Ahilyanagar twice in a week onevery Wednesday and Thursday between 12.00 p.m.to 02.00 p.m. till framing of charge.(b) The applicant shall not enter the jurisdiction ofconcerned police station except for attendance tillframing of charge.(c) The applicant shall attend each and every date of theTrial Court without fail unless exempted by the TrialCourt on emergent consideration.(d) The applicant shall not pressurize the prosecutionwitnesses and shall not tamper with the prosecutionevidence, in any manner.(e) The applicant shall submit Aadhar and Pan Cards tothe Investigating Officer and detailed address andphone numbers and two of the near relatives.(f) In case of breach of any of the conditions by theapplicant, it is open for the Prosecution to move thisCourt seeking cancellation of bail.(iii) Needless to state that the observations rendered herein areto the extent of this application and the trial Court shall notbe influenced by the same. [SACHIN S. DESHMUKH] JUDGErrd