Sagar Bhanudas Rawade vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Sagar Bhanudas Rawade vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail in Crime No. 674 of 2023 on executing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions that the applicant shall not enter into the limits of Taluka Purandar till conclusion of trial and shall not tamper with prosecution evidence; liberty reserved to the prosecution-State to apply for cancellation of bail on breach of any condition.

Issue for consideration

Whether the applicant, accused No.1 in Crime No.674 of 2023, is entitled to be released on regular bail on the ground of parity with co-accused already released.

Court's answer

Parity ground made out and bail granted: this Court (order dated 04.10.2024 in Criminal Bail Application No.3049 of 2024) and the Sessions Court (order dated 02.12.2024 below Exhibit-83 in Sessions Case No.31 of 2024) had already released the co-accused who, according to the eye witnesses, assaulted the deceased and injured by knife and iron rod; there being also a cross case in relation to the incident, the Court was inclined to release the applicant on bail.

Detailed headnote1 paragraphs

Bombay High Court, Criminal Bail Application No.1124 of 2025 (decided 05.06.2025, Sajakali Jamadar, J.): Regular bail granted to Sagar Bhanudas Rawade, accused No.1 in Crime No.674 of 2023 of Saswad Police Station, District Pune, for offences punishable under Sections 302, 307, 324, 326, 323, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, Section 4 read with 25 of the Arms Act, Section 7 of the Criminal Law Amendment Act and Section 135 of the Maharashtra Police Act, arising out of an incident of 29.09.2023 in which the deceased was allegedly assaulted by sharp weapon during carriage of a dead body for last rites. Bail allowed on the ground of parity: co-accused who, according to the eye witnesses, assaulted the deceased and injured by knife and iron rod had been released by this Court (order dated 04.10.2024 in Criminal Bail Application No.3049 of 2024) and by the Sessions Court (order dated 02.12.2024 below Exhibit-83 in Sessions Case No.31 of 2024); existence of a cross case in relation to the incident noted. Release directed on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, with conditions: applicant not to enter the limits of Taluka Purandar till conclusion of trial, not to tamper with prosecution evidence, and liberty to the prosecution-State to seek cancellation of bail on breach of any condition.

915-BA-1124-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1124 OF 2025

Sagar Bhanudas Rawade ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Ganesh Gole i/by Mr. Ateet Shirodkar, Advocate for the Applicant.

Mr. Satyam Harshad Nimbalkar a/w Mr. Harshwardhan Milind Pawar, i/by Mr. Abhishek U. Arote and Mr. Padmasinh P. Patil for the Intervenor.

Ms. P. S. Rane, A.P.P. for the Respondent – State.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No. 674

of 2023 registered at Saswad Police Station, District : Pune for the offences punishable under Sections 302, 307, 324, 326,

323, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal

Code and Section 4 read with 25 of the Arms Act, Section 7 of

the Criminal Law Amendment Act and Section 135 of the

Maharashtra Police Act.

Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2025.06.05 12:50:25 +0530

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The applicant is accused No.1 in the present crime. There was a dispute between the complainant on one side and the applicant and other co-accused on the other side. According to the prosecution on the date of incident, which took place on 29.09.2023, the dead body of the relative was being brought to Rawade Wadi from Pune for performing last rites. The complainant and other villagers were thus gathered at the place of incident. It is alleged that at that time the applicant and other co-accused came there and began abusing the complainant. It is alleged that quarrel ensued amongst them and thus the deceased intervened to help the complainant. It is alleged that at that time the applicant and other co-accused assaulted the deceased by sharp weapon and committed his murder.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record the order passed by this Court dated 04.10.2024 in Criminal Bail Application No.3049 of 2024. By

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the said order this Court has released the co-accused Amir Sakharam Rawade, Umesh Dnyanoba Rawade, Dnyaneshwar Waman Rawade on bail. The learned counsel for the applicant submits that similar overt act is attributed to the said coaccused and the applicant. It is submitted that there are no other criminal antecedents against the applicant.

On the other hand, the learned A.P.P. for the Respondent-State submits that the overt act attributed to the present applicant and the co-accused to whom this Court has granted bail is not similar. In support of the said submission, the learned A.P.P. has drawn my attention to the statement of Navnath Rawade dated 02.10.2023. According to the said witness the applicant had caught hold the hands of the deceased while he was being assaulted by co-accused by knife.

I have perused the statements of witnesses. This Court by order dated 04.10.2024 in Criminal Bail Application No.3049 of 2024 and the Sessions Court by order dated 02.12.2024 below Exhibit-83 in Sessions Case No.31 of 2024 have released the co-accused, who according to the eye witnesses have assaulted the deceased and injured by knife

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and iron rod. There is cross case in relation to the alleged

incident. Considering the said facts, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 674 of 2023 registered at Saswad Police Station, District : Pune for the offences punishable under Sections 302, 307, 324, 326, 323, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and Section 4 read with 25 of the Arms Act, Section 7 of the Criminal Law Amendment Act and Section 135 of the Maharashtra Police Act, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not enter into the limits of Taluka Purandar till conclusion of trial;

(iv) The applicant shall not tamper with the prosecution evidence;

(v) It would be open to the prosecution-state to file an application for cancellation of bail, if the applicant commits breach of any of the condition;

(vi) Application is disposed of in the aforesaid terms.

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