The High Court in Criminal Appeal Jurisdiction allowed the applicant's bail application citing parity with a co-accused and noting the investigation is complete despite antecedent-free record and minor injury dimensions.
Bail granted on execution of PR bond of Rs. 50,000 with one or two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7-ba637-2024.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.637 OF 2024
ATUL
GANESH
KULKARNI
Digitally signed by ATUL GANESH KULKARNI Date: 2024.03.08 15:34:45 +0530
Akshay Sudam Londhe… Applicant
V/s.
The State of Maharashtra… Respondent
Mr. Vaibhav Chandanshive for the applicant.
Mr. Pankaj Deokar, APP for the respondent/State.
CORAM:AMIT BORKAR, J.
DATED:MARCH 8, 2024
P.C.:
1.The bail application is filed under Section 439 of the
Criminal Procedure Code seeking regular bail in connection with
Sessions Case No.245 of 2022 arising out first information report
bearing C.R. No.377 of 2022 registered with Baramati Taluka
Police Station, Pune for offences punishable under Sections 307,
504, 506 read with Section 34 of the Indian Penal Code.
2. The prosecution’s case in short is as under:
One Dipak Sanjay Bhise lodged first information report on 7
July 2022 alleging that when he was at Katewadi for religious
function and was having chat with his friends Ajay Bhise and Sagar
Bhise, the applicant abused the complainant and assaulted him on
his head by iron sickle. It is alleged that on receiving injury blood
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7-ba637-2024.doc
started oozing and he fall down. It is also alleged that one Sanlya
Londhe assaulted the informant by stone on his head resulting in
the victim becoming unconscious. In the last part of the report, it is
alleged that the applicant assaulted the victim with iron sickle on
his back. The informant, therefore, lodged first information report
on the next day.
3.The investigating agency carried out investigation and has
filed charge-sheet after completing the investigation.
4.The applicant, therefore, applied before the Sessions Judge
under Section 439 of the Criminal Procedure Code which is
rejected by order dated 6 September 2022.
5.This Court on 5 June 2023 granted bail application of co-
accused, Ajay alias Sanlya Sudam Londhe who was attributed role
of assault on head by stone.
6.The investigation is complete. The applicant has no
antecedents to his discredit. The informant in the earlier part of
report was attributed role of assault to the applicant by using iron
sickle on head and in the later part of the part the role attributed
to the applicant was assault by iron sickle on the back. The
corresponding injury evident from the medical certificate is
lacerated wound (skull) having dimensions 8.2.2 cm. Therefore,
applying principle of parity and considering the fact that the
applicant was arrested on 30 July 2022 and investigation is
complete, the applicant has made out a case for release under
Section 439 of the Criminal Procedure Code. Hence, following
order:
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7-ba637-2024.doc
a) The Bail Application is allowed;b)Yerwada Central Prison at Pune is directed to release
applicant,Akshay Sudam Londhe on bail on executing PR
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only)
with one or two sureties in the like amount;
c)The applicant shall remain present before the Trial
Court on each date unless specifically exempted by the
Sessions Court;
d)The applicant shall furnish details of his residence and
cell phone number to the investigating officer and in case of
change of address the same shall be communicated to the
investigating officer within two weeks from such change;
e)The applicant shall not tamper with the evidence of the
prosecution and shall not influence the witnesses.
7. The bail application stands disposed of in above terms.
(AMIT BORKAR, J.)
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1 issue framed by the court
Whether the applicant has made out a case for release on bail under Section 439 of the Criminal Procedure Code.
1 provisions across 1 enactments
Akshay Sudam Londhe
The State of Maharashtra
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court